- When you're served with a Plaintiff's Claim, you have a set window of time to file a Defence with the court.
- Once you've been noted in default, the plaintiff can generally ask the court to enter judgment against you.
- A default judgment typically sets out the amount you owe, along with prejudgment interest calculated from an earlier date and postjudgment interest going forward.
Getting sued is stressful, and it's tempting to hope the problem goes away if you ignore it. In Ontario Small Claims Court, that instinct backfires quickly. If you're served with a claim and don't respond in time, the plaintiff can move forward without you — and get a default judgment small claims court ontario decision entered in their favour, often without a hearing where you get to explain your side.
This article explains what "default" actually means, how a default judgment gets entered, and what it means for you once it does.
What Counts as "Being in Default"
When you're served with a Plaintiff's Claim, you have a set window of time to file a Defence with the court. If that deadline passes and you haven't filed anything, the plaintiff can ask the court clerk to note you in default. Being "noted in default" is a formal step — it's the court's record that you failed to respond in time — and it's usually what comes before a default judgment, rather than being the same thing.
The exact number of days you have to respond depends on how and where you were served, and is set out on the claim itself and in the Rules of the Small Claims Court — always check the paperwork carefully rather than assuming a number.
How the Plaintiff Moves for Default Judgment
Once you've been noted in default, the plaintiff can generally ask the court to enter judgment against you. Depending on the type of claim:
- If the amount owed is straightforward and clearly calculable (a fixed debt, for example), the clerk may be able to sign default judgment without a hearing.
- If the amount is less certain or requires some assessment, a judge or deputy judge may need to assess damages before judgment is finalized.
Either way, the process is designed to move forward without your input, because the court's position is that you had a fair opportunity to respond and didn't take it.
What a Default Judgment Includes
A default judgment typically sets out the amount you owe, along with prejudgment interest calculated from an earlier date and postjudgment interest going forward. Ontario courts also have discretion to award costs. Interest rates for these purposes are set periodically by the province, not fixed permanently — never assume a rate you've heard is still current without checking.
What Happens After Judgment Is Entered
A default judgment is enforceable just like any other Small Claims Court judgment. The plaintiff can pursue collection tools such as:
- Garnishment of your wages or bank account (subject to legal limits protecting a portion of wages from seizure)
- A writ of seizure and sale against personal property or land you own
- An examination of you in court about your income, assets, and ability to pay
The court doesn't collect on the plaintiff's behalf — they have to take these steps themselves, and each carries its own modest court fee that changes periodically.
Can a Default Judgment Be Undone?
In some circumstances, yes. Ontario law allows a defendant to ask the court to set aside a default judgment, though this generally requires acting quickly and giving the court a genuine reason the deadline was missed, along with a real defence to the underlying claim. This is a separate process from an appeal — and worth exploring promptly if you believe the judgment shouldn't stand.
How to Avoid Ending Up in Default
- [ ] Open and read every piece of mail or documents you're served, even if you plan to dispute them
- [ ] Note the deadline to respond the moment you're served, and calendar it immediately
- [ ] If you're unsure whether you were properly served, get advice quickly rather than assuming the claim will disappear
- [ ] File something — even a simple Defence — before the deadline rather than waiting until you have a perfect response
- [ ] If you genuinely can't meet the deadline, contact the plaintiff or their representative and put any agreement in writing
Frequently asked questions
How much time do I have to file a defence in Small Claims Court?
The deadline depends on how you were served and is stated on the claim itself, under the Rules of the Small Claims Court. Don't assume a specific number of days — check the document you were served and act well before it expires.
What if I was never properly served?
Improper service can be a valid ground to challenge a default judgment. Keep any evidence about how (or whether) you actually received the documents, since this can matter later.
Does a default judgment show up anywhere public?
Small Claims Court judgments are part of the public court record, and unpaid judgments can also affect your credit profile through standard reporting channels once enforcement steps are taken.
Can the plaintiff get default judgment for any amount they claimed?
Not automatically. For amounts that aren't straightforward and fixed, a judge or deputy judge may need to review and assess the claim before finalizing judgment, rather than simply granting whatever figure was requested.
This is a litigation question
Start a file online — flat, published fees, reviewed by a licensed Ontario lawyer before a dollar is owed.