Affidavit of Default of Payment (Form 20M) – Rules of the Small Claims Court Forms

The Affidavit of Default of Payment (Form 20M) is a legal document used in the Ontario Superior Court of Justice, specifically in the Small Claims Court, to formally declare that a defendant/debtor has failed to make the required payments as ordered by the court. This form is critical for creditors seeking enforcement of a judgment when a debtor fails to comply with payment obligations. It helps streamline the process of obtaining a Default Judgment, ensuring legal compliance and accurate record-keeping.

This form is used to declare that a defendant has failed to make the required payments as ordered by the court and to request a Default Judgment.

Steps to Fill Out the Form

Header Information

1. • Court Name: Write “Ontario Superior Court of Justice.”
   • Form Title: Indicate “Affidavit of Default of Payment.”
   • Form Number: Ensure “Form 20M” is noted.

Claim Information

1. • Claim Number: Enter the claim number assigned to your case.
   • Court Location: Provide the address and phone number of the Small Claims Court handling your case.

Parties Involved

1. • Plaintiff(s)/Creditor(s): Write the full name(s) of the plaintiff(s) or creditor(s).
   • Defendant(s)/Debtor(s): Write the full name(s) of the defendant(s) or debtor(s).

Affiant Information

1. • Full Name: Write your full name.
   • Residence: Enter the municipality and province where you live.

Affiant’s Role

1. • Check the appropriate box to indicate if you are the plaintiff/creditor or the representative of the plaintiff(s)/creditor(s). If representing, provide the name(s) of the plaintiff(s)/creditor(s).

Payment Details

1. • Amount Received: Enter the total amount received from the defendant(s)/debtor(s) to date.
   • Last Payment Date: Provide the date of the last payment received.

Judgment Request

1. • Choose the appropriate section to request a Default Judgment:
     • First Box: If the defendant(s) failed to make payment as proposed in the Defence (Form 9A). Provide the defendant(s)’ name(s), the date of the Defence, and the address(es) where the Notice of Default of Payment (Form 20L) was served.
     • Second Box: If the defendant(s) failed to make payment according to a payment order. Provide the defendant(s)’ name(s) and the date of the payment order.

Enforcement of Judgment

1. • Check the appropriate box if you are enforcing the judgment. Provide the debtor(s)’ name(s), the date of the order for periodic payment, and the address(es) where the Notice of Default of Payment (Form 20L) was served.

Calculation of Unpaid Balance

1. • Debt: Enter the amount of the debt.
   • Pre-Judgment Interest: Calculate and enter the pre-judgment interest, including the rate and period.
   • Subtotal: Sum of debt and pre-judgment interest.
   • Costs to Date of Judgment: Enter any costs incurred up to the date of judgment.
   • Payments Received After Judgment: Subtract the total payments received from the debtor(s) after the judgment.
   • Post-Judgment Interest: Calculate and enter the post-judgment interest, including the rate and period.
   • Subsequent Costs: Include any additional costs incurred after the judgment.
   • Total Due: Sum the remaining amounts to get the total due.

Swearing/Affirming the Affidavit

1. • In Person
     • Fill in the city/town and county/region where the affidavit is sworn.
     • Provide the date and sign in front of the commissioner.
   • By Video Conference
     • If both deponent and commissioner are in the same city/town, fill in the details of the city/town and county/region.
     • If in different locations, provide the details for both locations.
     • Provide the date and sign in front of the commissioner.

Final Signatures

1. • Ensure the commissioner takes affidavits and the deponent (you) signs the form.

Important Notes

• Ensure all information is accurate and complete.
• Attach any required documents, such as a detailed calculation of pre/post-judgment interest.
• Be aware that knowingly swearing a false affidavit is a criminal offense.

This guide should help you accurately complete the Affidavit of Default of Payment (Form 20M). If you have any doubts or need further assistance, consider seeking legal advice.