Sample Order For Default Judgment For Divorce
Description
How to fill out Application For Entry Of Default - Affidavit - Motion - Entry Of Default - Default Judgment?
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FAQ
To have the defendant noted in default, you must: prepare an Affidavit of Service (Form 16B) for your Statement of Claim (Form 14A or 14D) prepare a Requisition for Default Judgment (Form 19D) file your affidavit and requisition with the court registrar.
The court must set aside a default judgment if you: have paid the whole amount owed (including any interest and costs) before the date the creditor entered judgment; sent back the acknowledgment of service form within the time limit; put in a defence within the time limit; or.
A judgment is considered to be ?by default? when the defendant does not file a defence and takes no part in the trial. At the Small Claims Division, a judgment by default may be rendered as soon as the 20-day time limit from the date of the application has expired.
If you find out that there is a default judgment against you, you can ask the court to set aside the noting in default and default judgment. If they do, you will get more time to file a Defence. To do this, fill out Form 15A ? Notice of Motion and Supporting Affidavit and file it with the court.
If you are a party and have missed a Court date and Judgment was issued against you, you can apply to set aside the Judgment by the following process: Complete the form called Application and select setting aside a Default Judgment. There is a filing fee for the Application.