What Happens if the Defendant Doesn’t Respond in Time?

If the defendant does not file a Defence within the specified time limits, or contact you to resolve the claim, you can file a Request to Clerk form to note the Defendant in default for failing to file a Defence.  This will prevent the Defendant(s) from filing a Defence after the timeline has expired without first bringing a motion for the courts permission to do so.

If the claim is for a liquidated debt (unpaid invoice, loan agreement, etc.) you may also request the clerk of the court to issue a Default Judgment.  You must complete the form yourself.

If your claim is for damages or an non-liquidated debt (damage to property, injury, etc.) then you can either file a motion in writing to request judgment or request an Assessment hearing so that a judge can decide on the appropriate amount of the judgment and any associated costs you are requesting.

Related Posts