Blog
The defendant didn't respond. How to get default judgment
After the 20-day Defence deadline passes, the next step depends on whether your claim is for a fixed amount or damages that need a judge to assess.
Published Updated
Check the 20-day deadline first
A defendant has 20 days after being served to serve and file a Defence (Rule 9.01). Do not ask for default judgment until that time has passed. If the claim was served by mail, the date can be affected by service rules and holidays [VERIFY: confirm the exact date with the court].
Make sure you have proof of service. The Affidavit of Service (Form 8A) records how and when the claim was served. The court needs proof that the defendant was served [VERIFY: confirm the filing requirement for your case].
Ask to note the defendant in default
If no Defence was filed on time, file a Request to Clerk (Form 9B) to ask the clerk to note the defendant in default. This records that the defendant did not respond.
Choose the right way to ask for judgment
The next step depends on the amount you are claiming:
- A debt or fixed amount: Ask the clerk for default judgment using Form 11B (Rule 11.02). This fits a set amount, such as an unpaid loan or invoice.
- An amount that is not fixed: If a judge must decide how much you lost, use the Rule 11.03 process. You can bring a motion in writing or ask for an assessment hearing. Bring evidence that shows how you worked out the amount. Do not use Form 11B for an amount that needs an assessment.
For the full steps, read the default judgment guide. If judgment is granted and the other side does not pay, go to the collecting stage. The defence deadline calculator can help you estimate when the 20 days have passed.
Common questions
How long does the defendant have to respond?
The defendant has 20 days after being served to serve and file a Defence (Rule 9.01).
What form do I use to note a defendant in default?
Use a Request to Clerk (Form 9B) to ask the clerk to note the defendant in default.
Can I use Form 11B if the amount is not fixed?
No. Form 11B is for a debt or fixed amount. If the amount needs a judge to decide, use the Rule 11.03 process, such as a motion in writing or an assessment hearing.