Court Default Judgment With Small Claims
Description
How to fill out Motion To Set Aside Entry Of Default And Default Judgment?
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FAQ
You can ask to cancel, or ?set aside? a default judgment. You have to have a good reason for not responding in 30 days. If the judgment is canceled, you'll get a chance to answer.
If you obtain a default judgment and get the judge to sign your paperwork, you then need to make a copy of the paperwork and serve it to the defendant. After you notify the defendant of the judgment, you can begin to enforce the judgment.
If the defendant fails to file a defence with the court and at least 20 days have passed since you served the claim, you can fill out and file a Request to Clerk [Form 9B] asking the clerk to note the defendant in default.
The plaintiff can ask the court to note you in default. This means you won't be able to take part in the case anymore because you didn't file a response in time. The plaintiff can then ask the court to order you to pay them what they're asking for. This is called asking for a default judgment.
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.