- Before anything else, you need to be able to show the court that the defendant was properly served with the claim according to the applicable rules.
- The clock runs from the date of proper service, not from when you filed the claim.
- If the deadline passes with no defence filed, the next step is formally noting the defendant in default with the court.
You served the debtor with your claim. The response deadline came and went, and nothing arrived — no defence, no phone call, no lawyer's letter, nothing. It feels like your case is stuck. In reality, this is one of the more straightforward paths to judgment in Ontario civil litigation: when a properly served defendant does not respond in time, the plaintiff can generally move for default judgment without a trial.
Here is how the process actually works, step by step.
Step 1 — Confirm Proper Service
Before anything else, you need to be able to show the court that the defendant was properly served with the claim according to the applicable rules. This matters enormously: if service was defective or can't be proven, a default judgment obtained afterward is vulnerable to being challenged and set aside later. Keep your proof of service — an affidavit of service, courier receipt, or acknowledgment — well organized from the outset.
Step 2 — Let the Response Deadline Pass
A defendant served in Ontario generally has a set number of days to respond, with longer windows if they were served elsewhere in Canada, the U.S., or internationally. The clock runs from the date of proper service, not from when you filed the claim. Don't move early — if you act before the deadline has actually passed, your request can be refused as premature.
Step 3 — Note the Defendant in Default
If the deadline passes with no defence filed, the next step is formally noting the defendant in default with the court. This is a procedural step that confirms, on the record, that the defendant failed to respond within the required time. It is a prerequisite to moving for judgment — you generally cannot skip straight to asking for judgment without it.
Step 4 — Obtain Default Judgment
Once the defendant is noted in default, the plaintiff can generally request judgment. For a claim that is straightforward — a clear, fixed debt amount, well documented — this step can sometimes proceed administratively, without a further hearing. For claims involving unliquidated amounts or more complex relief, the court may require a further step, such as an assessment of damages, before finalizing the judgment amount.
What you typically need at this stage
- [ ] Proof of proper service on the defendant
- [ ] Confirmation the defendant was noted in default
- [ ] Documentation supporting the exact amount claimed
- [ ] Calculation of any interest owed up to the judgment date
- [ ] The applicable court forms completed accurately
Step 5 — Move to Enforcement
A default judgment carries the same legal weight as one obtained after a full trial — it is a court order that the debtor must satisfy. But a judgment on paper doesn't put money in your account. From here, enforcement tools such as garnishment, a writ of seizure and sale, or an examination of the debtor about their income and assets become the next practical steps, since the court does not collect on your behalf.
Why Debtors Sometimes Don't Respond — and Why It Matters
A defendant might ignore a claim because they genuinely have no defence, because they can't afford to defend, because they never actually received it despite technically valid service, or simply because they're avoiding the problem. The reason matters less for getting the default judgment itself, but it matters a great deal for what happens next: a debtor who was truly unaware of the claim has a real chance of successfully asking the court to set the judgment aside later, which can undo your progress and cost you the time and expense of starting over.
Frequently asked questions
How long does a debtor have before I can move for default judgment?
The response window depends on where the defendant was served — served within Ontario, elsewhere in Canada or the U.S., or outside Canada and the U.S. all carry different, longer time frames the further away service occurred. You must let the applicable deadline fully pass and confirm no defence was filed before taking the next procedural step.
Can I still get a default judgment if the debtor moved or is hard to find?
Service still has to be validly completed for a default judgment to be reliable — if you cannot properly serve the defendant through ordinary means, there are alternative service methods available in some circumstances, but they generally require the court's permission first. Trying to shortcut proper service risks a judgment that can later be challenged and set aside.
Does a default judgment mean I'll definitely get paid?
No. A default judgment establishes your legal right to the money, but actually collecting it depends on whether the debtor has income or assets you can enforce against. Many creditors underestimate this gap — getting the judgment is often the easier half of the process compared with enforcing it.
Can the debtor still dispute the debt after a default judgment is entered?
Generally, once judgment is entered, the debtor cannot simply relitigate the underlying dispute — but they may be able to ask the court to set the judgment aside entirely if they can show a good reason for missing the deadline and a genuine defence to the claim. This is a separate process from the original lawsuit and has its own requirements.
This is a litigation question
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