Requesting Default Judgment

Default Judgment Process

In Small Claims Court, if the defendant fails to respond to your claim within the designated time frame, you may request a default judgment. This legal procedure allows the plaintiff to obtain a judgment in their favor when the defendant does not participate in the case.

What Is a Default Judgment?

A default judgment occurs when the defendant does not file a response to the plaintiff’s claim within the specified time, which is generally 20 days after being served. In the absence of a response, the plaintiff may be awarded the amount they have claimed, provided the claim is reasonable and supported by evidence.

Steps to Request a Default Judgment

1. Confirm No Response: Before proceeding with a request for default judgment, verify that the defendant has not responded to the claim within the court’s time limit.
2. Proof of Service: Ensure that the defendant has been properly served with the claim. A failure to serve the defendant properly could invalidate your request for a default judgment.
3. Complete the Necessary Forms: To request a default judgment, you must fill out the Form 9A: Request for Default Judgment. This form requires you to provide information about your claim, the lack of a response from the defendant, and the amount you are seeking in damages.
4. File the Forms with the Court: Once the form is completed, submit it to the Small Claims Court. If everything is in order and the defendant has not responded, the court will likely issue the default judgment.
5. Hearing (If Required): Sometimes, the court may require a hearing before issuing a default judgment. At this hearing, you may be asked to present evidence supporting your claim.
6. Obtain the Judgment: After the court reviews your request and the case details, a default judgment will be granted. This will be a formal court order requiring the defendant to pay the amount you are owed.

How a Paralegal Can Assist You

Navigating the Small Claims Court system can be challenging, especially when requesting a default judgment. A paralegal can assist you by:

• Ensuring Proper Documentation: A paralegal can help you prepare and file the required forms, such as Form 9A, ensuring that all necessary information is included and that the forms are filed correctly.
• Verification of Service: A paralegal can confirm that the defendant has been served according to legal requirements, which is crucial for a successful default judgment request.
• Guiding You Through the Court Process: If a hearing is necessary, a paralegal can provide guidance on how to present your case effectively.

If you are seeking a default judgment in Small Claims Court, contact our team of experienced paralegals to assist with the process and ensure your claim is handled efficiently.