Default Judgment
Preparation and filing of motion for default judgment where defendant has not responded.
What is included
- Checking that the claim was properly served and the defence deadline has passed
- Preparing the request to note the defendant in default
- Requesting default judgment from the clerk for a debt or other fixed amount
- Preparing evidence for an assessment hearing or written motion when a judge must decide the amount
What is not included
- Court filing fees, process servers, searches and other disbursements
- Steps beyond the service you chose, such as a trial when the service covers documents only
- Enforcing a judgment, such as garnishment or a writ, unless your service is an enforcement step
- An appeal to the Divisional Court, where a licensed paralegal may not act
- Claims over $50,000 or other matters that belong in the Superior Court of Justice
Who this service is for
- Someone owed money or property worth up to $50,000
- A person or business served with a Small Claims claim
- Small business owners with unpaid invoices or contract disputes
- Anyone who wants help with one step, such as a motion or a settlement conference
Information to have ready
- 1The issued claim and the affidavit of service
- 2Invoices, contracts or other proof of the amount owed
- 3Any payments received from the defendant
Frequently asked questions
How much does it cost?
The fee is $300 plus 13% HST ($339.00 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.
What happens when I check out?
You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.
What if the defendant never responds?
Once the deadline passes, the defendant may be noted in default. For a debt or other fixed amount the clerk may sign default judgment; otherwise a judge decides the amount at an assessment hearing or on a written motion.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed, and a judgment may still need separate enforcement to be collected
- Limited to claims within the Small Claims Court limit of $50,000
- You must give documents and instructions in time to meet court deadlines
- An appeal of a Small Claims Court judgment is heard by the Divisional Court, where a licensed paralegal may not act, so for an appeal the firm does only the parts a licensed paralegal is permitted to do and refers the appeal itself to a lawyer.
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