Part III(1) Summary summons

What this form is for

• • Use for small claims under the monetary limit for summary summons proceedings
• • Use when the claim is straightforward and doesn't require complex evidence
• • Use when the defendant is clearly identifiable and can be located
• • Use for consumer debt recovery, minor contract disputes, and certain landlord-tenant matters
• • Do not use for family law matters or criminal proceedings

Use this form or another form?

Deadline or filing window

File the summons within the statute of limitations period for your type of claim, which varies depending on the nature of the dispute. Court hearing dates are typically scheduled 4-8 weeks after proper service on the defendant.

Before you submit

• • Double-check defendant's name and address
• • Verify claim amount is within summary summons limits
• • Ensure all required supporting documents are attached
• • Confirm correct court jurisdiction
• • Check that court fees are paid
• • Prepare for proper service on the defendant
• • Keep a copy of the filed summons for your records

How to file this form

1. 1Obtain the correct Part III(1) Summary summons form from the District Court
2. 2Complete all sections with accurate claim details
3. 3Calculate and pay the required court fee
4. 4File the completed form with the appropriate District Court office
5. 5Arrange for proper service of the summons on the defendant
6. 6Obtain proof of service from the person who served the defendant
7. 7Attend the scheduled court hearing on the specified date

Known limitations

• • Monetary claim limits apply - amounts above threshold require different procedure
• • Cannot be used for family law, criminal, or certain specialized matters
• • Requires proper service on defendant or case may be dismissed
• • Court hearing dates may be delayed due to court backlogs
• • Defendants may apply to have the case struck out if procedures aren't followed