If a defendant ignores your Statement of Claim for 20 days in Alberta, you can generally apply for a Default Judgment. You will need to file a Request for Noting in Default at the Edmonton Law Courts, which allows you to automatically win your case without a trial.
Suing someone or a business in Edmonton is stressful, but it becomes incredibly confusing when the other party completely ignores your legal paperwork. Many defendants mistakenly believe that if they pretend the lawsuit does not exist, the problem will simply disappear. Under Alberta law, this is a massive error that works entirely in your favour.
When a defendant fails to respond with a Statement of Defence within the legal time limit, the court considers their silence as admitting to your claims. You do not have to wait indefinitely for them to reply. By taking the correct administrative steps at the Alberta Court of Justice or the Court of King’s Bench, you can ask the judge to award you the money you are owed automatically.
Step-by-Step Process for a Default Judgment in Edmonton
Securing a victory when the defendant ignores you requires strict adherence to court deadlines. Even though they did not reply, you must still prove to the Edmonton court that you followed all procedural rules.
Step 1: Wait the Mandatory Time Limit
After you successfully serve the defendant, the clock starts ticking. If the defendant was served inside Alberta, they have exactly 20 days to file a Statement of Defence. ⏱ If they were served elsewhere in Canada, they have 1 month, and outside Canada, they have 2 months. You must wait for this period to fully expire before taking the next step.
Step 2: File an Affidavit of Service
Before the court will punish the defendant for ignoring you, you must prove they actually received the lawsuit. You will submit an Affidavit of Service, a sworn document proving how and when the papers were delivered. If you used an Edmonton process server, they will provide this document to you.
Step 3: File a Request for Noting in Default
Once the 20 days have passed and you have proven service, you must file a “Request for Noting in Default” at the Edmonton Law Courts. This administrative step officially closes the pleadings. It means the defendant is no longer allowed to file a defence without asking a judge for special permission.
Step 4: Apply for a Default Judgment
Finally, you will submit an application for a Default Judgment. If your claim is for a specific, calculable amount of money (like an unpaid $5,000 invoice), the court clerk can often sign the judgment directly. If your claim requires assessment (like damages for a breached contract), a judge will review your evidence and decide the final amount.
How Much Does it Cost in Alberta?
Pursuing a default judgment is relatively inexpensive because you avoid the massive costs of preparing for a full trial.
- Court Filing Fees: Filing the initial Statement of Claim at the Alberta Court of Justice costs between $100 and $200 CAD depending on the amount. At the Court of King’s Bench, it is $250 CAD.
- Noting in Default: There is usually no additional court fee to file the Request for Noting in Default.
- Lawyer Fees: If you hire an Edmonton civil litigation lawyer to manage this paperwork, expect to pay a small block fee of $500 to $1,500 CAD for obtaining a straightforward default judgment.
- Process Server: Hiring a professional to serve the documents originally will cost around $100 to $200 CAD.
How Long Does the Process Take?
The timeline for a default judgment is the fastest way to resolve a civil lawsuit. You must wait the mandatory 20 days after serving the defendant. 📅 Once you file the Request for Noting in Default and the Default Judgment paperwork, it typically takes the court clerks in Edmonton 2 to 4 weeks to process and sign the final order.
Defendant Actions vs. Court Results
| Defendant’s Action | Result for Your Case |
|---|---|
| Files a Statement of Defence | The case is contested. You will proceed to discovery, mediation, and eventually a civil trial. |
| Ignores the Claim (20 Days pass) | You can Note them in Default, blocking them from defending, and seek an automatic victory. |
| Files a Demand for Notice | They do not contest the facts, but they want to be notified of future steps and argue over the exact dollar amount. |
Frequently Asked Questions (FAQ)
Can the defendant overturn a Default Judgment?
Yes, but it is difficult. The defendant must apply to the court to “set aside” the default judgment. They must prove they had a valid excuse for ignoring the claim (e.g., they were in the hospital) and that they have an arguable defence to your lawsuit.
Does a Default Judgment guarantee I get paid?
No. A judgment is simply a legal document stating they owe you money. If the defendant still refuses to pay, you must take further steps to enforce the judgment, such as garnishing their wages or hiring a civil enforcement agency in Edmonton to seize their assets.
What if I don’t know where the defendant lives?
You cannot get a default judgment if you never served them. If you cannot find the defendant, you must apply to the court for a Substitutional Service Order, which allows you to serve them via email, social media, or by publishing a notice in an Edmonton newspaper.
Can I claim my legal costs if they ignored the lawsuit?
Yes. When applying for the Default Judgment, you can include a request for court costs. The judge will typically add your filing fees and process server costs to the total amount the defendant is ordered to pay you.
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