If you sue someone in the Hamilton Small Claims Court and they fail to file a Defence within 20 days of being served, you can file a “Request to Clerk” (Form 11B) to note them in default. If your claim is for a fixed amount of money, you can then ask the clerk to sign a Default Judgment, effectively winning your case without a trial.
Filing a lawsuit is a time-consuming process. After carefully drafting your Plaintiff’s Claim and ensuring the defendant in Hamilton is properly served, you begin the waiting game. By law, a defendant has exactly 20 days to file their official Defence. But what happens if they simply ignore the paperwork? Many plaintiffs are relieved to learn that they do not have to wait forever. ⏱ If the defendant goes silent, you can utilize a legal mechanism to win your case by default.
Understanding how to request a default judgment if the defendant doesn’t respond in Hamilton is a critical skill in civil litigation. The process is handled entirely through paperwork filed at the John Sopinka Courthouse at 45 Main Street East. However, the court will not do this automatically. It is entirely up to you (or your paralegal) to monitor the 20-day deadline and proactively submit the correct forms to the court clerk. This guide outlines the exact steps to secure your judgment.
Step-by-Step Process in Hamilton, Ontario
Whether you are a contractor in Dundas suing an unpaid client, or a resident of Hamilton Mountain suing for a broken contract, the default process in the Ontario Small Claims Court follows a strict sequence.
Step 1: Wait the Mandatory 20 Days
After you serve the Plaintiff’s Claim, the defendant has 20 calendar days to file a Defence. You must wait for this period to fully expire. It is crucial that you have already filed an Affidavit of Service with the Hamilton court, proving exactly when and how the defendant was given the lawsuit paperwork. Without this proof of service, the clerk will not proceed.
Step 2: Note the Defendant in Default (Form 11B)
On day 21, if no Defence has been filed, you must file Form 11B (Request to Clerk) to “note the defendant in default.” By taking this step, you legally block the defendant from filing a Defence late without getting special permission from a judge. They lose their right to dispute your claim or participate further in the proceedings.
Step 3: Ask for Default Judgment
Once noted in default, you can ask for judgment. How you do this depends on the nature of your claim:
Liquidated Claim: If you are suing for a fixed, agreed-upon amount (like an unpaid invoice for $5,000, or a bounced cheque), you simply check the box on Form 11B requesting the clerk to sign a Default Judgment (Form 11C) immediately.
Unliquidated Claim: If the amount must be estimated (like damages for a poorly built fence or personal injury), the clerk cannot sign the judgment. You must request an “Assessment Hearing,” where a judge will briefly review your evidence to determine the fair amount to award you.
How Much Does it Cost in Hamilton?
Securing a default judgment is the most cost-effective way to win a lawsuit, as it completely avoids the massive expenses of preparing for and attending a full trial.
| Court Procedure | Fee (CAD) | Details |
|---|---|---|
| Filing Affidavit of Service | $0 | No fee to file the proof that you served the claim. |
| Noting in Default & Default Judgment | Approx. $108.00 | Court filing fee for Form 11B (as of May 2026). |
| Paralegal / Lawyer Fees | $300 to $800 | If you hire a professional to draft and file the paperwork. |
| Writ of Seizure and Sale (Enforcement) | $73.00 | Fee to start garnishing wages after you win. |
Keep in mind that when the clerk signs your Default Judgment, they will typically add your court filing fees to the total amount the defendant owes you. This means you can legally recover the money you spent enforcing your rights.
How Long Does the Process Take?
Once you submit your Request to Clerk at the Hamilton Small Claims Court, it usually takes the administration 2 to 4 weeks to process the paperwork and mail you the signed Default Judgment. 📬 If your claim was unliquidated and you need an Assessment Hearing, it may take 2 to 4 months to get a brief 15-minute hearing date before a judge. Once the judgment is signed, it is valid immediately, and you can begin aggressive enforcement actions, such as freezing the defendant’s local Hamilton bank accounts or garnishing their wages.
Frequently Asked Questions (FAQ)
What is the difference between a liquidated and unliquidated claim?
A liquidated claim is a specific, mathematically certain amount of money, such as an unpaid loan agreement or a signed contract invoice. An unliquidated claim is an amount that requires assessment, such as the cost to repair property damage or compensation for a breach of contract.
Can the defendant reverse a default judgment?
Yes, but it is not easy. The defendant must file a “Motion to Set Aside Default Judgment.” They must prove to a judge that they had a very good reason for failing to file a Defence on time (e.g., they were in the hospital or never actually received the claim) and that they have a valid legal defence to your lawsuit.
Do I have to notify the defendant when I ask for default?
No. Once a defendant is successfully noted in default, they are no longer entitled to receive notice of any further steps in the proceeding. The court will, however, mail them a copy of the final signed Default Judgment once it is issued.
What happens if there are multiple defendants?
If you sued two people and only one filed a Defence, you can note the unresponsive person in default immediately. However, you generally cannot get a final Default Judgment against them until the trial concludes for the person who did respond, ensuring the judge’s findings are consistent.
Can I garnish their wages right away?
Yes. Once you have the signed Default Judgment in hand, it is a legally enforceable court order. You can immediately apply for a Notice of Garnishment and serve it on the defendant’s employer or bank in the Hamilton area to seize the money owed to you.
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