Small Claims Court

What is a default judgment in Small Claims Court, and can it be set aside?

Last updated October 7, 2026.

A default judgment is a judgment the plaintiff gets without a trial because the defendant did not file a Defence in time. Once you are noted in default, the clerk can sign judgment for a debt or other fixed amount, and a judge can decide any other amount without hearing from you. The court can set it aside under rule 11.06 if you have a meritorious defence, a reasonable explanation for missing the deadline, and you bring your motion as soon as reasonably possible.

Some people first learn about a default judgment when the clerk's copy arrives, or when a garnishment notice reaches their bank or employer. For the wider picture of defending a claim, and how Carson Frankum, a licensed paralegal in Hamilton, helps people on both sides of a case, see our page on Small Claims Court help in Ontario.

How does a default judgment happen, step by step?

The steps below come from the current Rules of the Small Claims Court (O. Reg. 258/98, as amended in 2025) and Ontario's guide to making a claim.

The claim is served. A Plaintiff's Claim must be served personally or by an alternative to personal service, within six months after it is issued (rules 8.01(1) and (2)). Our guide on what to do after being served with a Plaintiff's Claim explains when service takes effect and how to count your days.
Twenty days pass with no Defence. A defendant has 20 days after being served to serve and file a Defence (rule 9.01). Ontario's guide says a late Defence will still be accepted as long as the plaintiff has not yet asked to have the defendant noted in default.
The plaintiff asks the clerk to note you in default. The plaintiff files a Request to Clerk (Form 9B) and an Affidavit of Service for each defendant (rule 11.01(1)). If every defendant was served outside the court's territorial division, the clerk cannot note anyone in default until the plaintiff proves, by an Affidavit for Jurisdiction (Form 11A) or before a judge, that the case was started in the right place (rule 11.01(3)).
You lose your voice in the case. A defendant who has been noted in default cannot file a Defence or take any other step, except a motion to set aside, without the court's permission or the plaintiff's consent (rule 11.05(1)). You are also not entitled to notice of most later steps (rule 11.05(3)).
Judgment is signed or assessed. For a debt or "liquidated demand" in money, the clerk can sign a Default Judgment (Form 11B) for that amount, including interest if it was claimed (rule 11.02(1)). For anything else, a judge assesses the damages, either on a motion in writing or at an assessment hearing (rule 11.03(2)).
The clerk serves the judgment. A default judgment is served by the clerk on all parties named in the claim, by mail or by email (rule 8.01(4)). It may be the first court paper a defaulted defendant actually reads.
Enforcement can follow. The creditor can use a writ of seizure and sale, garnishment (rule 20.03) or an examination hearing about your finances (rule 20.10). Ontario's after-judgment guide says enforcement steps can begin immediately after judgment.

Two kinds of default judgment in Ontario Small Claims Court
Type of claim	Examples from Ontario's guide	Who sets the amount	Plaintiff's filing fee	Rule
Liquidated (a set amount owing)	Unpaid invoice, bounced cheque, unpaid loan	The clerk signs default judgment for the amount and any interest claimed	$94 request for default judgment ($128 for a frequent claimant)	r. 11.02
Unliquidated (an amount a judge must approve)	Property damage, personal injury, poor workmanship, termination pay	A judge, on a written motion or at an assessment hearing; the plaintiff must prove the amount, not liability	$127 written motion, or $308 to fix an assessment hearing date ($403 for a frequent claimant)	r. 11.03

A claim for a set sum, like those in our guide on suing for an unpaid invoice, can become a clerk's judgment soon after the noting in default. For an unliquidated claim, a judge looks at the evidence of the amount, but the plaintiff does not have to prove you were at fault (rule 11.03(5)).

What does the court look at on a motion to set aside?

Rule 11.06 lets the court set aside the noting in default, the default judgment, and any step already taken to enforce the judgment, "on such terms as are just." The court has to be satisfied of three things, and your evidence should speak to each one.

A meritorious defence. You need to show the court that you have a real answer to the claim, not just that you were absent. Ontario's guide to replying to a claim says your motion materials should explain what your defence is. Attach the documents that support it.
A reasonable explanation for the default. Explain, with dates, why you did not file a Defence within 20 days. Rule 8.10 specifically allows a person who was served, or deemed served, to show on a motion to set aside that the document did not come to their notice, or came to their notice late. A sworn, dated timeline with proof is more persuasive than a general statement.
Speed. The motion must be made "as soon as is reasonably possible in all the circumstances." The rule sets no fixed number of days, so the clock is your own conduct: what you did from the moment you found out. Weeks of silence after you learn of the judgment can sink an otherwise strong motion.

Because the court may set aside "on such terms as are just," a judge who grants the motion can attach conditions. If the noting in default or judgment is set aside, Ontario's guide says you then file your Defence and the case goes on to a settlement conference and, if needed, a trial, like any defended action.

Ways back into the case after a default
Your situation	Route	What you file	Court fee	Rule
Past 20 days, but not yet noted in default	File your Defence right away	Defence (Form 9A) with proof of service	$77	r. 9.01; Ontario guide
Noted in default or default judgment signed, and the plaintiff agrees to undo it	Clerk's order on consent	Request for Clerk's Order on Consent (Form 11.2A), signed by all parties	None listed in the fee schedule	r. 11.2.01(1)
Noted in default or default judgment signed, and the plaintiff will not agree	Motion to a judge	Notice of Motion and Supporting Affidavit (Form 15A)	$127	r. 11.06, 15.01
Judgment given because you missed the trial	Motion to set aside or vary	Form 15A within 30 days after you became aware of the judgment	$127	r. 17.01(4), (5)

How do you ask the court to set it aside?

Start by asking the plaintiff, in writing, whether they will consent. A clerk can set aside a noting in default or default judgment, and any enforcement step that has not yet been completed, on a Request for Clerk's Order on Consent signed by all parties, with no hearing (rule 11.2.01(1)). If an enforcement step is set aside this way, a copy of the order must be filed at each court location where that step was requested (rule 11.2.01(4)).

If the plaintiff says no, or does not answer, bring a motion. Our article on how to file a motion in Small Claims Court walks through the form; the key timing rules are these:

Get a hearing date first. The moving party must obtain a hearing date from the clerk before serving the motion (rule 15.01(2)).
Complete Form 15A. Set out the order you want (setting aside the noting in default, the judgment, and any enforcement step) and your facts in short numbered paragraphs, with your documents attached as exhibits. You swear or affirm the affidavit before a commissioner; Ontario's guide notes that court and ServiceOntario staff who are commissioners do this at no charge.
Serve every party. Serve the motion at least seven days before the hearing date (rule 15.01(3)). A motion made after judgment has been signed must be served on all parties, including any noted in default (rule 15.01(6)).
File with proof of service. File it, with an Affidavit of Service for each party, at least three days before the hearing, and pay the $127 fee. Ontario's online filing page says the portal cannot be used for a court date three business days or less away.
Attend the hearing. A motion can be heard in person, by video or by telephone (rule 1.07(1)); the court tells you the method. The plaintiff can answer with an affidavit (Form 15B) served and filed at least two days before (rule 15.01(4)).

Costs of a motion, other than disbursements, cannot exceed $100 unless the court finds special circumstances (rule 15.07). That cap limits what you might pay if you lose, and what you might recover if you win.

What changes the answer?

You were never really served, or got the papers late. Rule 8.10 lets you prove this on the motion even if service was technically valid. It goes to the "reasonable explanation" part of the test.
Only part of the claim is in default. Noting in default can apply to all or part of a claim (rule 11.01(1)). A clerk's default judgment on the liquidated part does not stop the plaintiff from going after the rest, or after other defendants (rule 11.02(2)).
Another defendant filed a Defence. If any defendant defended, the plaintiff cannot get an assessment against a defaulted defendant on the unliquidated part and must go through a settlement conference and, if necessary, a trial (rule 11.03(7)).
You missed the trial, not the Defence deadline. That judgment comes under rule 17.01, not rule 11. A motion to set it aside must be made within 30 days after you become aware of the judgment, or you must show special circumstances for more time (rule 17.01(5)). Our guide on what happens at a Small Claims trial explains why attending matters.
The judgment came from your own payment proposal. If you admitted the debt in your Defence, proposed payments and then missed them, the clerk signs judgment for the unpaid balance 15 days after a Notice of Default of Payment is served (rule 9.03(2)). That is a different route from a default for no Defence.
The default is on a Defendant's Claim. When the person sued by a defendant fails to defend, judgment against them can only be obtained at trial or on motion, never by a clerk (rule 11.04). Our guide to suing back with a Defendant's Claim covers that side.

A worked example

For example, imagine a Hamilton contractor named Priya whom a building supply company sues for $3,900 in unpaid materials. While she is out of the province for five weeks caring for a parent, a process server leaves the claim with her adult son at home and mails a second copy, which her son sets aside. The supplier has her noted in default, and because the claim is for a set amount, the clerk signs a default judgment for $3,900 plus the interest claimed. Priya finds it in her mail the day she gets home.

Priya believes she owes at most $1,900, because she returned about half the materials and kept the return slip. She emails the supplier the same week and asks it to consent to setting the judgment aside; it refuses. She gets a motion date from the clerk, and in her affidavit she sets out her travel dates with proof, explains that the claim did not come to her notice until she returned (rule 8.10), and attaches the return slip and the Defence she would have filed. She serves the motion more than seven days before the hearing, files it with proof of service more than three days before, and pays $127. If the judge sets the judgment aside, she files her Defence and the dispute about the returned materials goes to a settlement conference. The example shows how the steps fit together, not how a motion would turn out.

Common mistakes people make

Waiting to see what happens. Every week between learning of the judgment and serving your motion has to be explained.
Trying to file a Defence after being noted in default. The court office will not accept it without the court's permission or the plaintiff's consent (rule 11.05(1)). The noting in default has to be dealt with first.
Explaining the delay but not the defence. "I never got the papers" covers only one part of rule 11.06. Without a meritorious defence, there is no reason to reopen the case.
Ignoring enforcement papers while the motion is pending. A defaulted defendant is still served with post-judgment steps (rule 11.05(3)). If you are served with a notice of examination, attend: failing to attend can lead to a contempt hearing (Courts of Justice Act, s. 30). Our guide on what happens at an examination hearing explains what to bring.
Serving only the plaintiff. After judgment, a motion must be served on every party, including anyone noted in default (rule 15.01(6)).
Using the wrong test for a missed trial. That judgment has its own 30-day window under rule 17.01(5).

What to do this week

Confirm exactly where things stand: noted in default only, or a signed judgment, and whether any enforcement step has been issued. The court office on the claim can tell you.
Write a dated timeline of how and when the claim was served and when you actually learned about it, and collect proof.
Ask the plaintiff, in writing, to consent to a clerk's order setting the default aside (Form 11.2A).
Gather the documents that support your defence and draft the Defence you would have filed.
If there is no consent, get a motion date from the clerk and prepare your Notice of Motion and Supporting Affidavit (Form 15A).
Serve it on every party at least seven days before the hearing, file it with proof of service at least three days before, and pay $127 or apply for a fee waiver.
Keep responding to any enforcement papers you are served with.

Frequently asked questions

How long do I have to set aside a default judgment?

Rule 11.06 sets no fixed deadline; the motion must be made as soon as is reasonably possible in all the circumstances, so act within days of finding out. A judgment given because you missed the trial is different: it has a 30-day limit from when you became aware of it.

Does a default judgment include interest?

A clerk's default judgment can include interest if the plaintiff claimed it (rule 11.02(1)). Interest then keeps running after judgment, and a certificate of judgment states the postjudgment rate and the amount owing (rule 20.04(2)). Our guide on interest on debts and judgments explains the rates.

Can the plaintiff garnish my wages or bank account after a default judgment?

Yes. A default judgment is enforced like any other judgment, including by garnishment of money owed to you by others, such as an employer or bank (rule 20.08). If the motion succeeds, the court can also set aside enforcement steps already taken.

What if I agree I owe the money but cannot pay it all at once?

The court can order the times and amounts in which a judgment is paid (Courts of Justice Act, s. 28), and can vary a payment order if your circumstances change (rule 20.02(1)). Our guide on paying a judgment in instalments explains how.

Can I appeal a default judgment instead?

Ontario's guide points defendants with a default judgment to the motion to set it aside, or a consent order. An appeal from a final Small Claims order lies only where the amount is over $5,000 (Courts of Justice Act, s. 31, and O. Reg. 626/00), and it is heard in the Divisional Court, where you would need a lawyer.

Can a licensed paralegal bring the motion for me?

Yes. A paralegal licensed by the Law Society of Ontario can give advice, prepare the motion and represent you in Small Claims Court. If your case is in Hamilton, our page on the Small Claims Court in Hamilton covers the local court office.

Sources

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This page gives general information about Ontario law, not legal advice for your situation. Cheddar Paralegal PC is a paralegal firm licensed by the Law Society of Ontario; licensed paralegals can help only with matters the Law Society allows paralegals to handle.