Guides · reviewed 2026-09-04

Default judgment: when the defendant does not answer

Legal information, not legal advice. Results depend on the facts of your case.

Legal information, not legal advice. This guide and our free tools give legal information. They do not give advice about your case. A licensed lawyer can give legal advice.

The answer

If the defendant files no Defence within 20 days of service, you can ask the clerk to note the defendant in default. For a claim with a fixed amount, the clerk can then sign a default judgment without a trial. A default judgment is still only an order to pay. Collection is a separate step.

Fixed amount, or not

A claim for a fixed amount is a liquidated claim: an unpaid invoice, a loan, or a deposit with a set number. The clerk can include the interest you claimed. A claim that needs a decision on the amount is unliquidated: bad work, damage, or lost value. A judge assesses it. You must prove the amount, but not liability.

What to do

  1. Find the day service took effect and count 20 days from the next day: /calculators/deadlines.
  2. Make sure you filed Form 8A for each defendant you served.
  3. Served every defendant outside this court's territorial division? File an Affidavit for Jurisdiction (Form 11A) too. The clerk cannot note a default without it.
  4. File a Request to Clerk (Form 9B) to note the defendant in default: /build/9b.
  5. Fixed amount? Request a default judgment (Form 11B) and pay $94. The clerk serves the judgment on the parties by mail or email.
  6. Amount not fixed? Ask for an assessment: a motion in writing with an affidavit (Form 15A), or an assessment hearing (Form 9B). The hearing fee is $308.
  7. After judgment, start collection. Read: how to collect.

Special cases

  • A defendant under 18 or under another disability cannot be noted in default without leave of the court.
  • If one defendant filed a Defence, an assessment against a defaulting defendant goes through the settlement conference and, if needed, the trial.
  • A default judgment against one defendant does not end your claim against the others.
  • A defendant noted in default cannot file a Defence or take other steps without leave or your consent, except a motion to set aside.

The judgment can be set aside

Keep every service record. The defendant can ask the court to set aside the noting in default, the judgment, and any enforcement step. The court needs 3 things: a meritorious defence, a reasonable explanation for the default, and a motion made as soon as reasonably possible. The defendant can also show that the claim never reached them, or reached them late. Strong service records protect your judgment.

Deadlines and fees

  • Defence window: 20 days after service takes effect.
  • Note in default: no fee listed.
  • Default judgment request: $94, or $128 for a frequent claimant.
  • Assessment date: $308, or $403 for a frequent claimant. A motion in writing: $127.
  • Motion to set aside, by the defendant: $127.
  • Dismissal clock: a step under rule 11.03, or a trial-date request, must happen by the 2nd anniversary of the claim.

Common mistakes

  • Do not skip Form 8A. The clerk cannot note default without proof of service.
  • Do not forget Form 11A when the defendant was served outside the division.
  • Do not add amounts you cannot prove. An assessment still needs evidence.
  • Do not stop at the judgment. Collection is your work. Read: how to collect.
  • Count the days by the rule: exclude the day of service and include the last day. If the last day is a holiday, the deadline moves to the next court day.

When to get a lawyer

Get legal advice if the defendant asks to set the judgment aside. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.

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