August 7, 2025

By Jonathon Clark 

Getting sued is stressful—but ignoring a lawsuit can make things much, much worse.

Whether you’ve been served with a claim in Small Claims Court or the Superior Court of Justice, Ontario law sets out strict timelines and procedures. If you don’t respond, the other party can move ahead without you—and the consequences can be serious.

Here’s what can happen if you ignore a lawsuit in Ontario:

1. You’ll Be Noted in Default

If you fail to respond to a claim within the required time—20 days after service (or 40 days if you were served outside Canada or the U.S.)—the plaintiff can note you in default.

Being “noted in default” means:

• • You lose the right to file a defence.
  • You can’t participate in the lawsuit unless you get court permission (which isn’t guaranteed).
  • The plaintiff can ask the court for a default judgment—a binding decision made without your input.

This happens more often than you’d think—and it’s usually avoidable.

2. A Default Judgment Can Be Entered Against You

Once you’re noted in default, the plaintiff can apply for a default judgment. Depending on the nature of the claim, they may:

• • Get judgment automatically (in liquidated claims, like unpaid invoices).
  • Be required to prove their damages in a court hearing (for more complex or unliquidated claims).

If judgment is granted, you may be ordered to:

• • Pay a sum of money.
  • Return property.
  • Refrain from doing something (in the case of an injunction).

And again—you likely won’t be there to explain your side.

3. The Judgment Can Be Enforced Against You

A judgment is enforceable for up to 20 years in Ontario. The creditor (the person who sued you) can use it to:

• • Garnish your wages.
  • Seize money from your bank accounts.
  • Register a lien against your home or other property.

They can also pursue post-judgment interest, which adds up over time. Even if you forget about the lawsuit, it won’t forget about you.

4. Your Credit Can Be Affected

Court judgments are public records. Many credit bureaus will pick them up, which can hurt your credit rating—especially if the judgment is for a debt or unpaid financial obligation.

A bad credit record can affect:

• • Your ability to get a mortgage or car loan.
  • Your eligibility for a lease.
  • Even some job applications.

5. It Gets Harder (and More Expensive) to Fix Later

If you want to undo a default judgment, you’ll have to:

• • Bring a motion to set aside the noting in default and/or the judgment.
  • Prove that you have a good reason for not responding in time (like not being properly served).
  • Show that you have a reasonable defence to the claim.

Even if the court agrees to reopen the case, it will cost you extra in legal fees and court time—and there’s no guarantee of success.

Takeaways

If you’ve been served with a claim in Ontario:

• Don’t panic—but don’t procrastinate.
• Mark your deadline (usually 20 days).
• Talk to a lawyer.

Even if you believe the claim is wrong, weak, or unfair, ignoring it will almost certainly make things worse. Dealing with it early gives you the best chance to protect your rights and resolve the matter efficiently.

How Weilers LLP can help you

 Served with a claim? Don’t wait. Give us a call and speak with a member of our litigation team. We may be the right lawyers for you.