How to Set Aside a Default Judgment in Small Claims Court in Newfoundland

A Default Judgment Isn't Necessarily the End

If you missed the 10-day Reply deadline in Newfoundland and Labrador's Provincial Court (Small Claims Division) and the plaintiff applied for default judgment, you're in a tough spot — but not necessarily a permanent one. Under Rule 19 of the Small Claims Rules, you can apply to a judge to set the default judgment aside and get your chance to defend the claim.

The key word is "apply." Setting aside a default judgment isn't automatic. You need to convince a judge that you deserve another shot, and that means meeting a specific legal test.

The Three-Part Test

When you file an Application to a Judge (Form 14) asking to set aside a default judgment, the judge evaluates three things:

1. A reasonable excuse for missing the deadline. Why didn't you file your Reply within 10 days (or 30 days if served outside the province)? Excuses the court has accepted include serious illness or hospitalization, being out of the province and not receiving the documents, or being genuinely confused about whether the papers required a response. "I was busy" or "I didn't think it was important" typically doesn't meet the threshold.

2. You acted promptly once you found out. The judge wants to see that once you learned about the default judgment — whether through a garnishment notice, a letter from the High Sheriff's Office, or some other discovery — you moved quickly to file your application. Sitting on the knowledge for weeks or months undermines your case.

3. A genuine defence on the merits. You need to show that if the case went to trial, you'd have something real to argue. This doesn't mean you have to prove you'd win — just that there's an arguable issue worth hearing. If you owe the money and have no defence, the judge won't set aside a default judgment just to delay the inevitable.

All three elements matter. Having a strong defence but no excuse for the delay may not be enough. Having a great excuse but no actual defence is equally insufficient.

How to File the Application

Form 14 — Application to a Judge is the form you need. You can download it from the Provincial Court's forms page at court.nl.ca or pick it up at the registry.

Along with Form 14, you'll need to prepare a sworn affidavit (a written statement you sign under oath) that covers:

• The facts explaining why you missed the deadline
• When and how you found out about the default judgment
• What your defence to the claim would be, with enough detail for the judge to assess whether it's genuine
• Any supporting documents (medical records, travel confirmation, the Reply you would have filed)

File everything at the court registry that issued the original claim. You'll also need to serve copies on the plaintiff and file a Certificate of Service (Form 4).

What Happens Next

Under Rule 8(13), the judge can decide your application on the written materials alone — no oral hearing required. But the judge also has discretion to schedule a hearing if the situation is complicated or the parties disagree on the facts.

If the judge grants the application, the default judgment is set aside, you're given leave to file your Reply (Form 2), and the case proceeds as if you'd responded on time. The court will schedule a settlement conference.

If the judge denies the application, the default judgment stands. If you're considering a further challenge, get legal advice promptly about whether the denial can be appealed and the applicable deadline.

The Enforcement Problem

Filing an application to set aside a default judgment does not automatically stop enforcement. If the plaintiff has already registered the judgment with the High Sheriff's Office through the Judgment Enforcement Registry, enforcement actions — wage garnishments, bank account seizures — can continue while your application is pending.

To halt enforcement, you'd need to apply to the Supreme Court of Newfoundland and Labrador for a formal stay of enforcement under section 148 of the Judgment Enforcement Act. That's a separate application in a different court, which underscores why acting fast matters. The longer you wait, the more enforcement activity can happen before you get your day in court.

The Easier Path: File Before Default

If you've missed your Reply deadline but the plaintiff hasn't yet filed an Application for Default Judgment (Form 5), the registry may still accept a late Reply. This is a much simpler fix — no Form 14, no affidavit, no three-part test. Just file your Reply immediately and move forward.

Check the court file (call the registry or check through the e-filing portal) to find out whether a default judgment application is already in play. If it isn't, file today.

Our Responding to a Small Claim in NL guide covers the default judgment process in detail — including a deadline calculation worksheet to help you avoid missing the deadline in the first place, and step-by-step instructions for the Form 14 set-aside application if you're already past it.

See more Newfoundland and Labrador guides →