If a defendant fails to file a Defence within 20 days of being served in Nova Scotia, you can apply for a Default Judgment. This allows you to automatically win your civil case and begin legally enforcing the debt collection without needing to attend a trial.
When you file a civil lawsuit or a Small Claims Notice of Claim in Halifax, you expect the person or business you are suing to respond. Unfortunately, many defendants choose to bury their heads in the sand, hoping the problem will simply go away. They might ignore your phone calls, refuse to sign for registered mail, or simply fail to file their paperwork with the court. In Nova Scotia, the legal system does not allow a defendant to stall the process indefinitely by ignoring it.
If the party you are suing fails to formally respond within the strict legal deadline, you have the right to request a Default Judgment. ⚔️ This is an incredibly powerful legal tool. It essentially means the court accepts your claims as true because they were not legally contested. Understanding how to properly file for this judgment in Halifax is crucial to finalizing your lawsuit and moving toward actually recovering the money you are owed.
Step-by-Step Process in Nova Scotia
Obtaining a Default Judgment is a strictly administrative process handled by the court registry. Whether you filed at the Halifax Supreme Court on Water Street or the Small Claims Court, you must follow these specific steps precisely.
Step 1: Guaranteeing and Proving Proper Service
Before a court will ever grant a judgment by default, you must irrefutably prove that the defendant actually received the lawsuit. You do this by filing an Affidavit of Service. This is a sworn legal document, signed in front of a Commissioner of Oaths or a lawyer, detailing exactly when, where, and how the Notice of Claim was handed to the defendant. If you hired a professional process server in Halifax, they will provide this crucial affidavit for you.
Step 2: Waiting the Required Time Limit
You cannot rush a Default Judgment; you must wait for the statutory deadline to expire. ⌛ In Nova Scotia, a defendant is generally given 20 days to file their Defence if they were served within the province. If they were served elsewhere in Canada, they have 30 days. You must patiently wait out this entire period. Checking the court registry on day 21 will confirm if a Defence was sneaked in at the last moment.
Step 3: Filing the Request for Default Judgment
Once the 20-day period has completely expired and no Defence has been filed, you must actively ask the court for the judgment. In the Small Claims Court, this involves filling out a specific Request for Default Judgment form. You will submit this form, along with your original Affidavit of Service, to the court clerk. You must ensure all the math regarding your claim amount and any requested court costs is perfectly accurate.
Step 4: Receiving the Order and Beginning Enforcement
The court registry will review your paperwork to ensure all rules were followed. If approved, an Adjudicator or a judge will sign the Default Judgment. 📋 Once you have this signed and sealed order in your hands, the lawsuit phase is over. You can now take this judgment to the Sheriff’s Office in Halifax to apply for an Execution Order, allowing you to garnish the defendant’s wages or seize their bank accounts.
How Much Does it Cost in Halifax?
Obtaining the Default Judgment itself is relatively inexpensive, but enforcing it will require additional fees. Here is a general breakdown of the costs you can expect in CAD during this final phase:
| Legal Action | Estimated Cost in CAD |
|---|---|
| Professional Process Server Fee | $75 – $150 CAD (Crucial for proving service) |
| Filing Request for Default Judgment | Usually $0 (Covered by initial filing fee) |
| Issuing an Execution Order (Sheriff) | ~$85 CAD |
| Lawyer Fees to Draft the Request | $300 – $600 CAD (If you need help) |
How Long Does the Process Take?
The absolute minimum timeframe is the mandatory 20-day waiting period after the defendant is served. ⏱️ Once you submit your Request for Default Judgment to the Halifax court registry, it typically takes the clerks and the Adjudicator roughly 1 to 3 weeks to process the paperwork, sign the formal order, and mail the official stamped copies back to your address.
Frequently Asked Questions (FAQ)
Can the defendant reverse or cancel a Default Judgment?
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 very good reason for missing the 20-day deadline (like being in the hospital) and that they actually have a valid legal defence to your claim.
What happens if the defendant still refuses to pay the judgment?
The court does not automatically collect the money for you. You must take your Default Judgment to the Nova Scotia Sheriff’s Office to seek wage garnishment or property seizure, or register a lien against any real estate they own in Halifax.
Do I have to go to a trial to get a Default Judgment?
Generally, no. For a “liquidated” claim (a specific, undisputed amount of money like an unpaid invoice), it is done entirely through paperwork. However, if you are suing for unquantified damages (like pain and suffering), a judge may still require a brief hearing to assess the exact dollar amount.
Can I get a default judgment if I served them by email?
In Nova Scotia, you generally cannot serve a Notice of Claim by standard email without prior special permission from the court (Substituted Service). If you did not serve them properly according to the strict civil procedure rules, your request for default will be denied.
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