Yukon Small Claims Default Judgment: How to Get One When the Defendant Doesn't Respond

What Default Judgment Means in Yukon

Default judgment is what happens when you file a small claim, serve it properly, and the defendant does not respond. If no reply is filed within the response period, you can apply for default judgment through the court's process. The procedure depends on whether your claim is for a fixed sum or an amount that must be assessed.

In the Small Claims Court of Yukon, the defendant has 20 calendar days to file a Form 02 – Reply after being served within the territory, or 30 calendar days if served outside Yukon. If that deadline passes with no reply and no extension has been granted, the path to default judgment opens.

The Two Types of Default Judgment

Yukon's process splits depending on whether your claim amount is fixed or needs calculating.

Liquidated claims — a specific dollar amount under a contract or invoice — use the simpler route. You file Form 10 (Requisition for Order) and Form 13 (Default Judgment). The registry clerk reviews your paperwork and enters judgment for the principal amount, accrued interest, and court costs. No hearing, no judge — just administrative processing.

Unliquidated claims — damages that need a judge to assess, like the cost of repairing defective work or the value of lost property — use Form 14 (Default Judgment for Amount to be Assessed). A judge reviews your file and schedules an assessment hearing where you present evidence of your actual losses.

What You Need Before Applying

Default judgment is not automatic. You must prove two things: that the defendant was properly served, and that the response deadline has expired.

Proof of service. Your Form 07 – Affidavit of Service must already be on file with the registry, sworn before a Commissioner for Oaths or Notary Public. If you served by registered mail, the Canada Post signature delivery confirmation card must be attached as an exhibit. Without valid proof of service, the registry will reject your default application.

Expired deadline. Count carefully. The 20-day or 30-day window runs from the date service was completed — the date the defendant was personally handed the documents, or the date the registered mail delivery card was signed. If the deadline falls on a weekend or Yukon statutory holiday, it extends to the next business day.

Filing Step by Step

1. Confirm the reply deadline has passed by checking the service date on your Form 07 and counting forward 20 or 30 days.
2. For a fixed amount: complete Form 10 (Requisition for Order) and Form 13 (Default Judgment), filling in the principal, interest calculation, and filing costs you want reimbursed.
3. For an unfixed amount: complete Form 14 (Default Judgment for Amount to be Assessed) and prepare your evidence for the assessment hearing.
4. File at the registry where your claim was issued.
5. For liquidated claims, the registry clerk processes and enters judgment. For unliquidated claims, you will receive a hearing date.

After Default Judgment Is Entered

A default judgment is a real, enforceable court order. The defendant now legally owes you the judgment amount, and you have access to the full suite of enforcement tools — garnishment, financial examination (Form 21), and Writ of Seizure and Sale (Form 19) through the Sheriff.

If you need to challenge a default judgment, promptly ask a Yukon lawyer about the applicable procedure and deadline.

If you want the forms, deadlines, and enforcement steps laid out in one reference, the Making a Small Claim in Yukon guide walks through default judgment and every other stage of the process.

See more Yukon guides →