Request to Note in Default Alberta: What Happens When You Miss the Deadline

What a Request to Note in Default Actually Does

When someone sues you in the Alberta Court of Justice and you don't file a Dispute Note within the deadline — usually 20 calendar days if you were served in Alberta or 30 if served outside the province, unless an Order for Substitutional Service says otherwise — the plaintiff can ask the court to note you in default.

There are two forms this can take, depending on the type of claim:

• Request for Default Judgment — used when the claim is for a specific dollar amount (a debt, an unpaid invoice, a fixed sum under a contract). The court clerk reviews the paperwork, confirms service was done properly, calculates interest, and enters judgment without a hearing. There's no filing fee for this.

• Request to Note in Default — used when the damages aren't a fixed number (property damage, personal injury, unquantified losses). The clerk registers the default, and the court schedules an assessment hearing where a Justice determines how much the plaintiff gets. Again, no filing fee.

In both cases, failing to respond can lead to judgment without a trial on liability. An unliquidated claim still requires an assessment hearing to determine the amount of damages.

You Haven't Automatically Lost

One of the most common misconceptions is that the moment the response window passes, you've lost. That's not how it works.

Under Alberta Court of Justice rules, you can still file a Dispute Note after the deadline — as long as the plaintiff hasn't yet submitted a Request to Note in Default or Request for Default Judgment. The court doesn't automatically enter default. Someone has to ask for it, and there's often a gap between your deadline expiring and the plaintiff taking that step.

If you're past 20 days and panicking, the first thing to do is call the Court of Justice clerk's office and ask whether a default request has been filed on your action number. If it hasn't, file your Dispute Note immediately.

What Happens After Default Is Entered

Once default is formally entered, the consequences depend on which type was used:

For a default judgment on a liquidated claim, the clerk enters judgment without an oral hearing. The plaintiff can take it to enforcement — garnishing your bank account, seizing wages through a garnishee order, or registering it against your property under the Civil Enforcement Act. A Court of Justice judgment remains enforceable for 10 years, unless it is set aside or paid.

For a noting in default on an unliquidated claim, the matter proceeds to an assessment hearing before a Justice, who determines the amount of damages.

How to Respond After Default

If default has already been entered, your path is an Application to Set Aside Default Judgment. You'll need:

1. An Application requesting the court set aside the default ($100 filing fee)
2. A supporting Affidavit explaining why you missed the deadline (improper service, medical incapacity, misdirection) and outlining a genuine defence on the merits
3. Service of both documents on the plaintiff at least seven clear days before the hearing

The court weighs whether there's a reasonable explanation for the delay and whether you have an arguable case. If the Justice grants your application, the default is removed and the matter proceeds as if you'd filed on time.

One important detail: filing an application to set aside default doesn't automatically stop enforcement. If the plaintiff has already started garnishing your wages or bank account, you'd need a separate application for a Stay of Enforcement.

Don't Let It Get to This Point

Default judgments exist because the system needs to move forward when defendants don't respond. But the practical reality is that most defendants who miss the deadline aren't ignoring the claim — they're confused about the process, didn't realize there was a firm deadline, or spent their 20 days trying to get Legal Aid only to learn it doesn't cover civil claims in Alberta.

If you've been served with a civil claim and the deadline is approaching, our Alberta Civil Claim Response Guide walks you through every step — from reading the papers to filing a Dispute Note to preparing for the hearing. The deadline calculation, the form, the fee, and the filing process are all mapped out so nothing falls through the cracks.

And if you're already past the deadline, don't assume the worst. Check with the clerk first. The window may still be open.

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