Default Judgment: When They Don't Respond

The 20-Day Rule

In Small Claims Court, once a Defendant has been served with your claim, they have exactly 20 days to file a Defence. If they don't, you can ask the court to 'note the defendant in default.'

• The Note in Default — Prevents the defendant from filing a Defence or taking any further steps in the case without a judge's permission.
• The Request for Default Judgment — The next step to get a final court order (judgment) without a trial.

Fixed vs. Unliquidated Claims

• Fixed Claims — A specific amount of money owed (e.g., a bounced cheque, an unpaid invoice). The court clerk can often sign the judgment.
• Unliquidated Claims — The amount of money must be proven (e.g., property damage, personal injury). A judge will hold an 'assessment of damages' hearing.

Motions to Set Aside

• The Defendant's Response — A defendant can ask the court to 'set aside' (cancel) the default judgment if they have a valid reason for not filing a Defence (e.g., improper service, medical emergency).
• The Legal Test — The defendant must show they have a 'meritorious' defence and they acted quickly to resolve the default.