Default judgment​​

A default judgment is when the court makes a judgment against the defendant without having a hearing in​​ court because the defendant did not respond to the statement of claim. ​​

When can you apply f​or default judgment?

You can apply to the court for a default judgment, if you filed and served a statement of claim and the defendant hasn't:

• ​​​​​paid the money you are claiming
• filed a defence, or

• filed an acknowledgement of liquidated claim form (for a money claim only). 

You must wait until 28 days after the statement of claim was served. Once the defendant has filed a defence, you cannot get a default judgment.

If you don't apply for a default judgment within nine months of filing the statement of claim, and nothing else happens in your case, the court can dismiss your case because nothing has been done about it. If this happens, you can restart your case by filing and serving a new statement of claim. Time limits apply.

Applying for default judgment if there has been part payment 

If the defendant has paid some of the money you are claiming, you can still get a default judgment for the money not yet paid.

If the defendant has paid the original debt, but has not paid fees or any interest, you can get a default judgment for the amount of the interest and fees. 

​How to apply for default judgment

To apply for default judgment, you must file some documents with the court. 

Default judgment for money

For more information, see Applying for default judgment - money.

Responding to an application to set aside default judgment

If a default judgment is made, the defendant may ask the court for the default judgment to be 'set aside'. 

Setting aside a default judgment means cancelling the judgment and giving the defendant time to file a defence and have the case heard by the court.

The defendant will usually apply for a stay of proceedings at the same time. A stay of proceedings is an order stopping you from enforcing the judgment until the court has decided the application to set aside the default judgment. 

To have the default judgment set aside the defendant must show the court that: 

• ​there is a good reason why they didn't file a defence within 28 days; and
• they have a bona fide (genuine) defence.   

For more information, see Responding to an application to set aside default judgment.

What happens next?

If you have a default judgment and the defendant still does not respond, there are steps you can take to get the money you are owed. This is called enforcement. For more information, see Enforcement.