Default Judgment

Flowchart overview of the civil claim process, including default judgment.

If the defendant does not pay the Civil Claim or file a Dispute Note within 20 days after being served with the document (30 days if served outside Alberta), in certain cases you can obtain judgment against the defendant without having a hearing. This is called a default judgment.

For example, if you are suing for an amount agreed to in a contract, you can ask the court office to enter judgment against the defendant. Upon your request and proof of service of the Civil Claim and form of Dispute Note on the defendant, the clerk will enter a Default Judgment and mail a Certificate of Judgment to all parties. It is your responsibility to submit to the clerk the form called Request for Default Judgment/Noting in Default.

If you are suing for a sum which is not a result of an agreement with the defendant, such as compensation for injuries which you suffered, you must ask the court office to set a date for a judge to determine your Civil Claim. This is called Noting in Default. It is your responsibility to submit to the clerk the form called Request for Default Judgment / Noting in Default.