What happens if the defendant does not respond to my Small Claims Court claim?
If a defendant is properly served and does not file a Defence within the time allowed by the Rules of the Small Claims Court, you can ask the court for a default judgment. This is a court order granting you the amount you claimed (or a portion of it) without a full trial, because the defendant chose not to contest the matter.
To get a default judgment for a claim based on a liquidated amount (a fixed, certain sum), you can often obtain it by filing an Affidavit of Service confirming proper service and requesting judgment from the clerk. For unliquidated claims (where the amount must be assessed), the court may require you to attend a short hearing to demonstrate your loss.
A default judgment does not automatically put money in your pocket. You must still enforce it — by garnishing the defendant's wages or bank account, placing a lien on their property, or using the court's examination process to find out what assets they have. Defendants can sometimes move to set aside a default judgment if they have a reasonable excuse for missing the deadline, so it is wise to move quickly once you obtain the judgment.
Key takeaways
- A default judgment is available when a properly served defendant files no Defence.
- Liquidated claims can often be settled by the clerk; unliquidated claims may need a hearing.
- A judgment still requires active enforcement — it does not pay itself automatically.
- Defendants may apply to set aside a default judgment in some circumstances.