Default Judgments in Small Claims Court

A default judgment is one of the more consequential outcomes in Small Claims Court, because it can result in the plaintiff winning without the defendant's side ever being heard. Understanding how it works matters whether you're a plaintiff hoping to move a stalled case forward, or a defendant trying to avoid — or undo — exactly this outcome.

What a default judgment actually is

A default judgment is a judgment granted in the plaintiff's favour because the defendant failed to respond to the claim within the required deadline — not because the plaintiff necessarily proved their case at a trial. It exists so that a case can't be indefinitely stalled simply by a defendant ignoring it.

For plaintiffs: how a default judgment happens

If you've properly served a defendant and their deadline to file a Defence has passed without a response, you may be able to take steps to obtain a default judgment rather than waiting indefinitely. This generally involves a formal request to the court, supported by proof that service was completed properly and that the deadline has genuinely passed.

Before pursuing this route, it's worth double-checking your own paperwork — proof of proper service, the correct calculation of the deadline, and accurate claim details — since any gaps here can complicate or delay the request.

What a plaintiff typically needs to show

• Proof of proper service — clear documentation of how and when the defendant was served with the claim.
• Confirmation the deadline has passed without a Defence being filed.
• A clear, accurate claim — since the amount and basis of any judgment generally still needs to align with what was actually claimed and documented.

For defendants: what a default judgment means for you

If a default judgment is entered against you, it carries the same practical weight as a judgment reached after a full hearing — it can be enforced against you, including through steps like wage garnishment or seizing property, even though your side of the story was never presented. This is exactly why treating your response deadline as firm, discussed in defendant deadlines, matters so much.

Can a default judgment be set aside?

In some circumstances, a defendant may be able to ask the court to set aside — essentially, cancel — a default judgment and allow the case to proceed properly, with the defendant's side heard. This isn't automatic or guaranteed, and it generally requires a proper explanation for why the deadline was missed, along with acting promptly once you become aware of the judgment.

The specific grounds and process for this kind of request are genuinely technical, and this is a situation where getting professional advice quickly is often worth the cost, given how much is potentially at stake and how much acting promptly can matter.

Why acting quickly matters so much

Whether you're trying to have a default judgment set aside, or trying to avoid one in the first place, speed is one of the most important factors working in your favour or against you. A court weighing whether to set aside a default judgment will generally consider how promptly the defendant acted once they became aware of the problem — a long, unexplained delay makes this much harder, even if the underlying explanation for missing the original deadline was reasonable.

What happens after a default judgment stands

If a default judgment isn't set aside, it functions like any other judgment from that point forward — the plaintiff can pursue enforcement if it isn't paid voluntarily. See judgment enforcement for what that process looks like from the plaintiff's side, and consider how the same interest and enforcement mechanics apply regardless of how the judgment was obtained.

How to avoid a default judgment in the first place

The most reliable way to avoid a default judgment is straightforward, if not always easy: respond to a claim within your deadline, every time, even if you're still deciding exactly how to respond. Filing something on time — even a straightforward Defence you plan to refine — protects your position far better than waiting until you feel fully ready. See how to respond for the complete process.

Common mistakes on both sides

• Plaintiffs skipping proper documentation of service, which can complicate a later default judgment request.
• Defendants assuming an informal conversation with the plaintiff pauses their formal deadline, when it doesn't unless clearly agreed in writing.
• Defendants ignoring a claim entirely, assuming it will resolve itself or that nothing will really happen.
• Waiting too long to act after discovering a default judgment has been entered, reducing the chance of having it set aside.
• Assuming a default judgment can always be undone, when in fact it requires a proper basis and prompt action.

Frequently asked questions