How to Request Default Judgment in Superior Court

Hi Everyone, it's Kristy from Clearly Legal.

Let's chat today about Default judgment. It is not the same as noting a party in default (even though it is 100% often related). Let's get into some of the basics.

If the Defendant has not delivered a Statement of Defence on time, you need to consider if you are moving for default judgment, or if you are only noting the Defendant in default.

Decide whether you are noting in default or seeking judgment

The first decision is simple.

Are you only asking the court to record that the Defendant is in default? Or are you asking the court to grant judgment on the default?

Those are two different points in the file; even though they can both happen at the beginning.

Noting in default means the Defendant missed the deadline to defend. The Plaintiff asks the court to record that default. When a Defendant is noted in default, while they can ask the court to set aside the default (and usually get that relief), they must ask for this, and until then, they do not get to take part in the litigation.

Default judgment is the next level. It asks the court to give judgment because the Defendant did not defend. This default judgment enables enforcement. Default Judgment is the focus of this blog.

Know what kind of judgment you are asking for

Are you asking for monetary relief? How much are you asking for? Has the Defendant in question already paid some of the claim amount? If yes, you need to consider that, because, if they have paid, you are not able to enforce against the full amount.

Are you asking for property? Do you know where the property is located? Is it real property or personal property?

Are you looking at foreclosure or a mortgage default.

Consider pre and post judgment interest.

Consider your costs. Are they in line with the amount the Registrar can sign off on? Or do you need your costs assessed?

If this started from a Noting in Default, make sure you have your proof of service, or Affidavit of Service (you can't note in default without it)

Prepare the requisition and corresponding Default Judgment Form

Take all of the information you considered and plug it into your Requisition for Default Judgment.

Take the form that reflects your choice of Money, Real Property, Personal Property or Foreclosure / Mortgage. Take the math you did in your requisition and fill in those blanks.

Experience Clerking helps.

Lawyers, I have successfully managed all aspects of Default Judgment. I can help you get it out the door efficiently. Let's chat about how my clerking skills can save you time and money in your legal matters, contact me at kristy@clearlylegal.ca  and we'll chat.

Disclaimer: This post provides general information about alternative service of legal documents from a law clerk. It is not legal advice. For advice specific to your situation, please consult a lawyer or active licensed paralegal.