Default judgment: when the defendant does not answer

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 set amount, the clerk can then sign a default judgment without a trial.

Set amount, or not

A claim for a set amount is a liquidated claim: an unpaid invoice, a loan, or a deposit with a fixed number. A claim that needs a decision on the amount is unliquidated: bad work, damage, or lost value.

• Liquidated: the clerk signs a Default Judgment (Form 11B). The fee is $94.
• Unliquidated: a judge assesses the amount, in writing or at a hearing. The fee is $308.

What to do

1. Count 20 days from the day after service: /calculators/deadlines.
2. Make sure you filed Form 8A for each defendant you served.
3. File a Request to Clerk (Form 9B) to note the defendant in default.
4. Set amount? Request a default judgment (Form 11B) and pay $94.
5. Amount not set? Ask for an assessment and pay $308.
6. After judgment, start collection. Read: how to collect.

The judgment can be set aside

Keep every service record. The defendant can ask the court to set aside a default judgment. The court can set the judgment aside on 3 conditions: a meritorious defence, a reasonable explanation for the default, and a prompt motion. Strong service records protect your judgment.

Deadlines and fees

• Defence window: 20 days after service.
• 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.
• Motion to set aside, by the defendant: $127.

Common mistakes

• Do not skip Form 8A. The clerk cannot note default without proof of service.
• 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, include the last 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.

Free tools

• Check if your claim is worth it: /check
• Write a demand letter: /demand-letter
• Fill in your court forms: /build/7a
• Calculate your deadlines: /calculators/deadlines