Default Judgment in Newfoundland Small Claims Court: How to Get One When the Defendant Doesn't Reply

When You Can Apply for Default Judgment

Default judgment becomes available when the defendant fails to file a Reply (Form 2) within the statutory window:

• Day 11 after service if the defendant was served within Newfoundland and Labrador (or the next court day if the 10-day deadline falls on a weekend or court holiday)
• Day 31 after service if the defendant was served outside the province (or the next court day if the 30-day deadline falls on a weekend or court holiday)

Default judgment does not happen automatically. The court does not track whether the defendant responded and issue a judgment on its own. You have to apply for it.

What You Need to File

Three things go to the court registry together:

1. Application for Default Judgment (Form 5). This is a one-page form stating that the defendant was properly served, the reply deadline has passed, and no Reply has been filed.

2. Certificate of Service (Form 4). Your proof that the defendant received the Statement of Claim. This must already be completed — it shows who served the documents, when, where, and how. If you used Canada Post Registered Mail, the signed delivery card is attached.

3. $10 application fee. Payable at the registry counter or by credit card through the e-Filing portal.

Liquidated vs. Unliquidated Claims

How the court processes your default judgment depends on the nature of your claim.

Liquidated claims are for a specific, calculable sum — an unpaid invoice for $3,200, a contractor deposit of $5,000, a bounced cheque for $800. The math is straightforward. The court may enter default judgment on the papers if satisfied there is sufficient proof; it may instead set a date for you to prove your claim or argue for a remedy.

Unliquidated claims involve damages that need to be assessed — property damage where the repair cost is disputed, losses from a breached contract where the final number depends on evidence. The judge may schedule an assessment hearing where you present your evidence and the court determines the amount. A defendant who has not filed a Reply is not entitled to notice of a hearing under Rule 8.

What Default Judgment Gets You

A default judgment is a real court judgment with full legal force. The court enters a Judgment (Form 10) for the claimed amount plus pre-judgment interest and recoverable costs.

From this point, enforcement follows the normal path: register the judgment ($15 fee), and the High Sheriff's Office can proceed with garnishments, bank account attachments, or personal property seizures.

When Default Judgment Gets Set Aside

A defendant who missed the deadline can apply under Rules 19(6) and 20(2) to have the default judgment cancelled. The application must include an affidavit explaining why they did not reply, the reason for any delay in applying, and facts supporting their defence.

Judges set aside defaults more often than plaintiffs expect — especially when the defendant shows they never actually received the documents (bad address, someone else signed for the registered mail) or they have a meritorious defence on the substance of the claim. This is why proper service and a thorough Certificate of Service matter: the stronger your proof of service, the harder it is for the defendant to argue they did not know about the claim.

The Practical Path

Most default judgments go smoothly when the paperwork is clean. The whole process — filing Form 5, the court processing it, and receiving your judgment — can take as little as a few weeks. But a rejected Form 4 or a missing delivery receipt sends you back to square one on proving service.

The Newfoundland and Labrador Small Claims Filing Guide walks through the default judgment application step by step and includes a checklist for assembling your Form 5 package.

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