​What if you do nothing?

It is not a good idea to ignore a statement of claim. 

If it has been more than 28 days since you were served with a statement of claim, the plaintiff can get a default judgment against you and then take steps to enforce that judgment. 

​​What is a default judgment? 

A default judgment is a judgment made against you without a case being heard in court, because you did not respond to the statement of claim. Depending on what the plaintiff is claiming, the judgment will say that you must pay the plaintiff an amount of money.

Sometimes, the first time you find out there is a default judgment against you is when your wages or bank account is garnished, a sheriff comes to your door or you receive an examination notice in the mail. 

The default judgment will appear on your credit record.

Setting aside a default judgment

If you want to defend the claim you may be able to 'set aside' the default judgment. Setting aside a default judgment means cancelling the judgment, giving you an opportunity to file a defence. 

To get the default judgment set aside you have to show: 

• ​​that you have a good reason for not filing your defence within 28 days from the date the plaintiff says they served the claim on you, and
• that you have some reasons that make up your defence (sometimes called 'grounds of defence'), and

• that you have filed the notice of motion to set aside the judgment as soon ​as possible. ​

When you apply to set aside the default judgment you can and should also apply for a stay of proceedings. A stay of proceedings is an order stopping the plaintiff from enforcing the judgment until your application to set aside the default judgment has been dealt with by the court. 

For more information, see Setting aside a default judgment.