NWT Small Claims Default Judgment

When Default Judgment Is Available

After you serve Form 1 (Statement of Claim) and a blank Form 2 (Statement of Defence) on the defendant, the clock starts. The defendant has 25 calendar days to file Form 2 if served within the NWT, or 30 calendar days if served outside the territory.

If that window closes and the defendant has not filed anything, you can apply for default judgment. For a liquidated claim, the clerk may enter judgment administratively without an oral hearing. Unliquidated damages may require a judge to assess the amount at a hearing.

The Three Documents You Need

Applying for default judgment requires three filings:

1. Form 3 (Affidavit of Service) — This proves the defendant was properly served. It must be sworn before a Commissioner for Oaths and must confirm you delivered both Form 1 and a blank Form 2. If you served the documents but did not include the blank Form 2, the registry will not process your default judgment application.

2. Form 10 (Notice of Default) — An administrative prerequisite. This form notifies the court that the response deadline has expired without a defence being filed.

3. Form 11 (Default Judgment) — The actual application for judgment. Filing fee: $25.

File all three at the same registry where you filed your original Statement of Claim.

Liquidated vs. Unliquidated Claims

How your default judgment is processed depends on the type of claim:

Liquidated claims — where the amount is a fixed sum or can be calculated from a contract (unpaid invoices, loan repayments, specific contractual amounts) — the Clerk of the Territorial Court can sign and enter Form 11 administratively. No hearing is required.

Unliquidated claims — where damages need to be assessed (property damage, lost profits, tort claims) — a judge reviews the file and may schedule a brief assessment hearing to quantify the amount before entering judgment. At the assessment hearing, you present evidence of your damages.

After Default Judgment Is Entered

Once Form 11 is signed, you hold a court order for a specific dollar amount. The judgment includes your principal claim, any allowed costs, and pre-judgment interest calculated under the Judicature Act.

If the defendant does not pay voluntarily, you move to enforcement — the same tools available after any judgment:

• Form 22 (Writ of Execution): $25 fee, directs the Sheriff to seize non-exempt personal property
• Form 35 (Garnishee Summons): $25 fee, attaches bank accounts or wages
• Form 23 (Summons to Payment Hearing): $25 fee, compels the debtor to disclose finances under oath

Can the Defendant Set Aside a Default Judgment?

A defendant who missed the deadline can apply to a judge to set aside the default judgment. The judge considers whether the defendant has a reasonable explanation for the delay and whether they have a defence worth hearing. If the default judgment is set aside, the case proceeds as if the defendant had filed Form 2 on time.

This is another reason to keep your evidence organized even after obtaining default judgment — the case may still go to trial.

For step-by-step default judgment instructions with a document checklist, see the NWT Small Claims Filing Guide.

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