BC Small Claims Default Judgment — What Happens When the Defendant Doesn't Reply

When You Can Apply for a Default Order

After serving the defendant with a Notice of Claim, they have 14 calendar days (30 if served outside BC) to file a Reply. If that deadline passes with no Reply on file, you can apply for a default order under Small Claims Rule 6.

When applying, file Form 5 with a copy of your Certificate of Service (Form 4) and the required fee. Rule 6(3) requires this proof of service with the application.

Two Types of Default Order

The process depends on whether your claim is for a fixed amount or requires assessment:

Desk Default Order (Liquidated Debts)

If your claim is for a debt — such as an unpaid invoice or contract price — the registrar can issue a default order without a hearing. The order directs the defendant to pay:

• The principal debt amount
• Pre-judgment interest under the Court Order Interest Act
• Your court filing costs

This is the faster route. You apply, the registrar reviews the file, and the order is issued administratively.

Assessment Hearing (Unliquidated Damages)

If your claim involves damages that need to be calculated — the cost of fixing substandard work, the value of property damage, lost profits — the registrar cannot simply award a number from the paperwork. Instead, they schedule an Assessment Hearing before a Provincial Court judge.

At the assessment hearing:

• Only you present evidence (the defendant defaulted)
• The judge determines the appropriate dollar amount based on your documentation
• You should bring invoices, estimates, receipts, photographs, and any expert opinions supporting your claimed amount

Even though the defendant has defaulted on liability, you still need to prove the quantum (how much you are owed).

Can the Defendant Set Aside a Default?

A default order is not necessarily permanent. The defendant can apply to cancel it under Small Claims Rule 17(2) by filing an Application to a Judge with an affidavit showing:

1. The reason they did not file the Reply on time.
2. Facts showing a prima facie meritorious defence — facts that, if proved, could establish a defence.
3. Timing — the application must be made within a reasonable time after they learned the order was made.

The judge may cancel the default order and allow the defendant to file a late Reply; meeting these conditions does not guarantee cancellation.

Collecting After a Default Order

A default order directs the defendant to pay you. It does not guarantee payment. If the defendant does not pay voluntarily, you enter the enforcement phase — payment hearings, garnishment orders, or writs of seizure and sale.

Our BC Provincial Court Small Claims guide covers the full default-order process and how to transition from an order to actual collection.

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