Default Orders

Last Reviewed: July, 2023 Reviewed by: JES Contributors

If the defendant has not responded to a Notice of Claim within the required time limit, the claimant can ask the court for a default order. This means the court will give the claimant an order for what they want without the defendant getting to defend themselves. A default order can also be granted if the defendant does not attend a mandatory court process like the settlement conference or trial. If the claim is for anything other than a specific amount of debt, you will need to appear before a judge at a hearing. You must give evidence of your claim at the hearing to convince the judge that a default order should be made.

Steps for Default Order

  1. Wait for filing time limit to pass: Defendants in BC have 14 days to file a Reply
  2. Confirm the defendant failed to file a Reply: Ask the registry
  3. File a completed Certificate of Service Form and an Application for Default Order Form
  4. Pay the filing fees
  5. Hear back from court: They will either grant your order or schedule a hearing before a judge where you will present your case. The judge will decide to grant your order or not