Manitoba Small Claims Court Default Judgment

When Default Happens

A Court Officer may proceed in the defendant's absence if the defendant was properly served and either fails to file a Notice of Intention to Appear (Form 76D) or fails to attend the scheduled hearing.

If the defendant disputes the claim, Form 76D must be filed at least 7 days before the hearing date. The response deadline is tied to the hearing date, not a separate 20-day period measured from service.

What Happens When the Defendant Does Not Respond

The defendant's absence does not automatically hand you a judgment for the full amount. The Court Officer may proceed and enter judgment based on the evidence presented by the claimant, so you still need to present evidence showing that the claim and amount are supported.

In practice, if your paperwork is in order and your claim is straightforward (an unpaid invoice with a signed contract, for example), the hearing is brief. You present your documents, the Court Officer confirms the amount, and judgment is entered.

What You Need to Get There

For a default judgment to stick, every procedural step before it must be airtight:

1. Proper service within 30 days. Your issued Form 76A, the "Important Information" page, and a blank Form 76D must have been served on the defendant within 30 calendar days of filing. Personal service is the safest method.
2. Declaration of Service filed. Form 76B, filled out by the person who served the documents, must be on file with the court before the hearing.
3. The Form 76D deadline passed. A defendant who intends to dispute the claim must file Form 76D at least 7 days before the hearing.

If any of these steps is defective — wrong name on the claim, service to the wrong address, no Form 76B on file — the Court Officer may refuse to proceed in the defendant's absence.

The Hearing Itself

Even in a default scenario, you attend the scheduled first appearance (by teleconference). The Court Officer confirms that the defendant was properly served, reviews your Form 76B, and then hears your case. Bring your full evidence package — the contract, invoices, demand letter, and any supporting documents.

The Court Officer can award the claimed amount plus pre-judgment interest and costs (capped at $100). They may reduce the amount if the evidence does not fully support the claim.

Setting Aside a Default Judgment

A defendant who was noted in default or had a judgment entered in their absence is not necessarily out of options. Under Rule 76, they can file an Application to Set Aside Decision (Form 76I).

To succeed, the defendant typically needs to show two things: a reasonable excuse for why they missed the deadline or the hearing (illness, never actually receiving the documents, being out of the province), and an arguable defence to the merits of the claim. If the Court Officer grants the application, the case goes back on the docket for a full contested hearing.

Protect Your Default Judgment

The best defence against a set-aside application is bulletproof service. Use personal service rather than mail. Make sure Form 76B is detailed and accurate. If you served a corporation, confirm you used the registered office address from the Manitoba Companies Office.

The Making a Small Claim in Manitoba guide includes a service tracking log and a hearing preparation checklist that covers both contested and default scenarios, so your case holds up regardless of whether the defendant shows.

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