Default Judgment in New Brunswick Small Claims Court

When You Can Request a Default Judgment

After you serve the defendant with your Claim (Form 1) and a blank Response form (Form 2), they have 30 days to file a Response. If those 30 days pass with no Response on file, you can request judgment; a debt or property claim can be entered without a hearing, while a damages claim requires an assessment hearing.

The 30-day clock starts from the deemed date of service — the day the papers were physically handed over, or the day the recipient signed the registered mail return receipt or courier confirmation.

Before requesting default, make sure your proof of service (Form 20, Affidavit of Service) is already on the court file. Without it, the court has no evidence that the defendant was properly served, and your default request will be rejected.

Debt Claims vs. Damage Claims

How default judgment works depends on whether your claim is for a liquidated debt or unliquidated damages.

Liquidated debt — a fixed, calculable amount the defendant owes. An unpaid invoice for $5,000, a loan of $3,000, a bounced cheque for $2,500. The amount isn't in dispute; the defendant simply hasn't paid. For these claims, file Form 6 (Request for Judgment) with proof of service. The court clerk can enter judgment for the stated amount plus any applicable pre-judgment interest and costs. No hearing is needed.

Unliquidated damages — the amount isn't pre-determined and requires assessment. A contractor who did shoddy work causing $8,000 in repair costs, a car seller who misrepresented the vehicle's condition. Even though the defendant hasn't responded, the court still needs to determine what your damages actually are. In these cases, a default triggers an assessment hearing before an Adjudicator, where you present evidence of your losses and the Adjudicator decides the amount.

If your claim includes both a fixed debt and damages, the clerk enters an interim judgment and schedules an assessment hearing; the Adjudicator assesses the damages before the clerk enters default judgment.

How to Request Default Judgment

1. Confirm the 30 days have passed from the deemed date of service
2. Check that Form 20 is on file with the court
3. File Form 6 (Request for Judgment) with proof of service at the court office where you originally filed
4. Attend the assessment hearing if your claim is for unliquidated damages — you'll present your evidence (contracts, photos, repair estimates, bank statements) even though the defendant won't be there

The clerk enters the default judgment (Form 7), documenting the amount owed, including applicable interest and costs.

What the Defendant Can Do

A defendant who missed the deadline isn't necessarily out of options. They can apply under section 66 using Form 23, supported by a sworn Form 8 affidavit and a completed Form 2. The Adjudicator may set aside the judgment if satisfied that the defendant did not receive the claim or was unable to defend for good reason, and may have a valid defence. The Adjudicator will consider whether:

• The defendant did not receive a copy of the claim or was unable to defend for a good reason
• The defendant may have a valid defence to the claim

If the Adjudicator sets aside the default, the case proceeds as if the defendant had filed a Response on time.

After You Get the Judgment

A default judgment has the same legal force as a judgment after a full hearing. If the defendant doesn't pay voluntarily, you can seek enforcement through Sheriff Services — including wage garnishment, bank account seizure, or execution against assets.

Our Making a Small Claim in New Brunswick guide walks you through the default judgment process step by step, including an enforcement tracker for collecting what you're owed.

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