If a defendant ignores your lawsuit and fails to file a Statement of Defence within 20 days of being served in Manitoba, you can apply for a Default Judgment. This allows you to automatically win your case at the Court of King’s Bench and begin legally collecting the money they owe you.
When someone owes you a significant amount of money in Winnipeg, filing a Statement of Claim is often the only way to get their attention. But what happens if you take them to court and they completely “ghost” you? Whether it is a former business partner in St. Boniface avoiding your calls or a contractor who abandoned a job and refuses to respond to legal paperwork, ignoring a lawsuit is a massive mistake.
Under the civil justice system in Canada, ignoring a lawsuit does not make it disappear. Instead, the rules heavily favour the person who filed the claim. If the defendant chooses not to participate, the court assumes they are not contesting your allegations. You can then request a Default Judgment, which is a legally binding court order declaring that you have won the case. Once you have this judgment in hand, you unlock powerful tools to seize their assets and garnish their wages.
Step-by-Step Default Judgment Process in Winnipeg
Securing a default judgment at the Court of King’s Bench of Manitoba requires strict adherence to procedural timelines. Even minor paperwork errors can cause the court registry to reject your application.
Step 1: Properly Serving the Statement of Claim
You cannot simply mail a lawsuit and hope for the best. To get a default judgment, you must prove to the court that the defendant actually received the documents. You must have them personally served, usually by hiring a professional process server. The server will then swear an Affidavit of Service, which acts as your undeniable proof that the defendant was handed the lawsuit.
Step 2: Waiting the Required Time Limit
According to the Manitoba King’s Bench Rules, the defendant has a strict deadline to file their Statement of Defence. If they were served inside Manitoba, they have exactly 20 days. If they were served elsewhere in Canada, they have 40 days, and if served internationally, they have 60 days. You must wait for this time period to fully expire before making your next move.
Step 3: Filing Requisition for Default
On day 21, if no defence is filed at the court registry, your lawyer will file a Requisition for Noting Default along with the Affidavit of Service. This “notes” them in default, meaning they are now officially barred from filing a defence without asking a judge for special permission.
Step 4: Having the Judgment Signed
If your claim is for a fixed, easily calculable amount of money (known as “liquidated damages”—like an unpaid invoice for $15,000), a court registrar can sign the Default Judgment directly at the desk. If your claim is for “unliquidated damages” (like pain and suffering from an injury), you will need to schedule a brief hearing before a judge to assess exactly how much money you should be awarded.
How Much Does it Cost in Manitoba?
Obtaining a default judgment is significantly cheaper than running a full trial, as it involves mostly administrative paperwork rather than courtroom arguments.
| Step in the Process | Description of the Expense | Estimated Cost (CAD) |
|---|---|---|
| Filing the Statement of Claim | Court filing fee at the Court of King’s Bench. | ~$225 |
| Process Server Fees | Hiring a professional to physically deliver the documents in Winnipeg. | $100 – $300 |
| Lawyer Drafting Fees | Lawyer fees to draft and file the default requisition and final judgment. | $500 – $1,500 |
How Long Does the Process Take?
If the defendant is successfully served on your first attempt, the process is relatively fast. You must wait the mandatory 20 days. After filing your requisition, the Winnipeg court registry typically takes 1 to 3 weeks to process the paperwork and issue the signed Default Judgment. However, actually collecting the money through garnishment can take several more months.
Frequently Asked Questions (FAQ)
Can a default judgment be overturned in Manitoba?
Yes, but it is difficult. A defendant can file a Motion to Set Aside the Default Judgment. They must prove to a judge that they had a valid reason for missing the deadline (like a medical emergency) and that they have an arguable defence to your claim.
What happens if I don’t know where the defendant lives?
If you cannot find them to serve the papers personally, your lawyer can apply for an Order for Substitutional Service. This allows you to serve them via email, social media, or by publishing a notice in a local Winnipeg newspaper.
How do I actually get my money once I win?
A judgment is just a piece of paper; the court does not collect the money for you. You must use the judgment to issue a Notice of Garnishment against their bank account or register a lien against their house to force payment.
Can I claim legal fees on a default judgment?
Yes. The court registrar will typically add a standard tariff amount to your final judgment to partially compensate you for the court filing fees and basic legal costs you incurred.
Does this apply to Small Claims Court too?
Yes. If your claim is under $39,000 and is handled in Manitoba Small Claims Court, there is a very similar process for obtaining a default decision if the defendant fails to file a response or doesn’t show up to the hearing.
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