If I commence my claim in Small Claims Court, and the other side does not file any documents, will I automatically win what I have requested?

December 16, 2016

If I commence my claim in Small Claims Court, and the other side does not file any documents, will I automatically win what I have requested?

 

a. Yes

b. No

c. It depends

 

If the defendant does not file a Statement of Defence within the prescribed time limit, the plaintiff can ask the Court to find the defendant in default by filing the required forms and documents. Once the defendant is noted in default, the plaintiff can ask the court to order the defendant to pay money to the plaintiff, ie. to grant judgment.

 

If the claim is for set amount under an agreement, the plaintiff can ask for default judgment. However, if the claim is for an amount not set out in an agreement, i.e. damage to property, the plaintiff can ask the court to grant judgment by: 1) making a written request, called a motion in writing, or 2) asking for an assessment hearing before a judge.

 

If judgment has been granted through the above ways, and the defendant does not pay, the next step would be enforcing this court order.

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