What happens if no response to small claims court?
If the defendant does not reply to your claim, you can ask the court to enter judgment ‘by default’ (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). Until the court receives your request to enter judgment, the defendant can still reply to your claim.
What happens if no Defence is filed?
If you do not file a defence within 28 days the plaintiff may get a judgment against you without you being notified. This is called a default judgment. Once judgment is entered against you the plaintiff can start enforcing the judgment debt.
How much does it cost to file a Defence?
Court of Queen’s Bench
| Commencement fee – Statement of Claim or Originating Application | $250 |
|---|---|
| Statement of Defence | $50 |
| Counterclaim (in addition to Statement of Defence fee) | $150 |
| Third Party Claim | $150 |
| Application (in the course of an action or proceeding) | $50 |
What happens after Defence is filed?
Where a claim has been issued, and the Defendant has filed a Defence in connection with the Claim, the Court will send notice that the claim is being defended and will provisionally allocate the Claim to a ‘Track’ at Court – each Track has its own procedural rules and rules as to who should pay the legal costs.
How long does a money claim take?
A small claim can take as little as 6 weeks if it is undefended and you pro-actively support the small track procedure. However you can expect it to take up to 6 months if your claim is disputed and a hearing is required.
What is the purpose of a reply to Defence?
Purpose of a Reply to Defence When the claimant does file a Reply to Defence it serves to: narrow the issues in dispute between the parties. provides better focus for both of the parties. save legal costs in the long run, because less important factual matters do not need to be dealt with in evidence or at the trial.
How long does it take for court proceedings to be issued?
The trial will usually be in about 7 – 9 months after the claim is “issued”. Therefore it is highly recommended that you do not book or take any holidays during this time.
How do you respond to a defense?
There are no mandatory rules to reply on Defence unless it served with counterclaim….Reply to defence is the same statement as particulars of claim and should be formatted the same way:
- Put in the heading of statetment words “Reply to Defence”.
- Response should be structured the same way as defendant’s reply.
What is an embarrassing pleading?
Embarrassing Pleadings “Embarrassment in this context refers to a pleading that is susceptible to various meanings, or contains inconsistent allegations, or in which alternatives are confusingly intermixed, or in which irrelevant allegations are made that tend to increase expense.