Notice of Default of Payment (Form 20L) – Rules of the Small Claims Court Forms
The “Notice of Default of Payment (Form 20L)” is a legal document issued by the Ontario Superior Court of Justice, specifically for use in the Small Claims Court. This form is utilized by a plaintiff or creditor to formally notify a defendant or debtor that they have defaulted on their payment obligations under an order for periodic payment or a proposal of terms of payment outlined in a Defence (Form 9A). The form emphasizes the consequences of failing to address the default, including the potential for the creditor to obtain a default judgment or take further enforcement actions. It also provides resources for obtaining forms and self-help materials both at the Small Claims Court and online.
Filling out Form 20L correctly is crucial to ensure proper legal procedures are followed. Here is a step-by-step guide to help you complete the form:
Section 1: Court and Case Information
- Small Claims Court: Enter the name and address of the Small Claims Court handling your case.
- Phone Number: Provide the court’s contact number.
- Claim Number: Write the claim number assigned to your case.
Section 2: Parties Involved
- Plaintiff(s)/Creditor(s): Enter the full name(s) of the plaintiff(s) or creditor(s).
- Defendant(s)/Debtor(s): Enter the full name(s) of the defendant(s) or debtor(s).
Section 3: Notice to Defendant/Debtor
- To (Name of defendant(s)/debtor(s)): Fill in the name of the defendant(s) or debtor(s) receiving the notice.
Section 4: Details of Default
- Name of plaintiff(s)/creditor(s): Enter the name of the plaintiff(s) or creditor(s) who is issuing the notice.
- Check the appropriate box:
- If the default is under an order for periodic payment, check the first box and enter the date of the order.
- If the default is under a proposal of terms of payment in the Defence (Form 9A), check the second box and enter the date of the proposal.
Section 5: Instructions and Consequences
- Inform the defendant/debtor about the steps they need to take if they failed to make payments or if their payments were not received.
- Explain the consequences of not addressing the default within 15 days of being served with the notice.
Section 6: Signature and Contact Information
- Signature of plaintiff/creditor or representative: Sign the form. If you are a representative of the plaintiff/creditor, ensure you have the authority to sign.
- Name, address, and phone number of plaintiff/creditor or representative: Provide your contact details or those of the plaintiff/creditor if you are the representative.
Additional Notes
- Note to Defendant/Debtor: Include this section to inform the defendant/debtor of their options and the importance of addressing the default promptly.
Final Steps
- Review: Ensure all information is accurate and complete.
- Serve the Notice: Serve the notice to the defendant/debtor following the legal requirements for the service of documents.
- File with Court: File the completed form with the court as required.
By following these steps, you can accurately complete the Notice of Default of Payment (Form 20L) and ensure all necessary information is included.