The Defendant Did Not Settle (Pay) Or Dispute The Claim, What’s Next?

What is my next step if the Defendant does not settle (pay) or dispute the claim?

In order to continue with your action and to get Judgment, three steps must have been completed:

The Defendant has been served with the Civil Claim and a blank form of Dispute Note
The Plaintiff has filed an Affidavit of Service showing proof of service
The time for the Defendant to pay or dispute the Civil Claim has passed

Once the steps have been completed, it is up to the Plaintiff to file a Request for Default Judgment or Request to Note in Default. The type of Civil Claim filed will determine which process to follow.

When should I use the Request for Default Judgment?

You may file a Request for Default Judgment if the Civil Claim is a debt claim or liquidated demand (a specific sum of money payable under a contract)

Examples of these types of Civil Claims* include the following:

General
Amount owing for Goods and Services
Debt Claim
Return of Security Deposit (Damage Deposit)
Payday Loan

*NOTE: The Court decides if the Civil Claim is a debt claim or liquidated demand that may proceed by way of Request for Default Judgment.

Is there a fee to file a Request for Default Judgment?

No.

How do I complete the Request for Default Judgment?

For detailed information and step by step instructions review the Request for Default Judgment.

You will need to know the following information:

Which party the Judgment is being requested against (if multiple Defendants);
The amount being claimed less any payments received from the Defendant(s) since the Claim was filed, if any;
Interest claimed pursuant to a contractual agreement or Judgment Interest Act and;
Costs being claimed, such as the Civil Claim filing fee, costs for serving the Civil Claim whether by recorded mail, process server or costs incurred to perform searches at an Alberta Registry Agent office. You will be required to provide receipts for service and search expenses.

What happens after I have filed the Request for Default Judgment?

The Alberta Court of Justice Office will prepare a Certificate of Default Judgment and send to all parties by regular mail. It may take two weeks or more for the Certificate to be mailed.

Getting a Certificate of Default Judgment is not the end of the Court process. If the Defendant does not voluntarily pay you the amount awarded in the Judgment, you must then take steps to enforce (collect) the Judgment. The Court does not collect the money for you.

The first step to enforcing (collecting) your Judgment is to file the certified copy of Certificate of Default Judgment in Court of King's Bench. It is also recommended that you review the publication called Enforcing your Judgment in Alberta.

For more detailed information review the section called Judgment and Court Costs.

For more information on collection processes contact the Court of King's Bench.

When should I use the Request to Note in Default?

You may file a Request to Note in Default if the Civil Claim is for damages.

Examples of these types of Civil Claims* include the following:

General
Motor Vehicle Accident
Damages to Property
Personal Injury (other than Motor Vehicle Accident)
Payday Loan
Breach of Contract
Wrongful Dismissal
Return of Personal Property (Replevin)

*NOTE: The Court decides if the Civil Claim is a claim for damages that may proceed by way of Request to Note in Default.

**NOTE: If the Civil Claim is for personal injury caused by a motor vehicle accident and the name(s) of the Defendant(s) are unknown or if the Defendant(s) did not have insurance you should contact the Administrator of The Motor Vehicle Accident Claims Fund.

Is there a fee to file a Request to Note in Default?

No.

How do I complete the Request to Note in Default?

For detailed information and step by step instructions review the Request to Note in Default.

You will need to know the following information:

Which party the Judgment is being requested against (if multiple Defendants);
How you want to assess the damages*, either by:
- filing an affidavit; or
- setting a court date (bring your calendar or know your availability)
Costs being claimed, such as the Civil Claim filing fee, costs for serving the Civil Claim whether by recorded mail, process server or costs incurred to perform searches at an Alberta Registry Agent office You will be required to provide receipts for service and search expenses.

*If you file an affidavit to have the damages assessed you do not need to attend in Court, some parties may find this process more complex. In Court, you will explain the details and provide your documents to support your claim for damages.

What happens after I have filed the Request to Note in Default?

If you filed an Affidavit in support of your Claim for damages, a Justice will review your Affidavit and may:

grant Judgment;
request another Affidavit be filed if further details or documents are missing; or
direct that you attend in Court before them to answer any questions.

If you selected to set a date to appear in Court to have your Claim for damages assessed, the clerk will set a court date and give you a Notice of Assessment. You must attend on the date, time and location set out in the Notice and bring all your documents to prove the damages claimed. At the conclusion of the assessment, the Justice may:

grant Judgment; or
require that you attend in Court on another date if further proof of your claim for damages is required.

Once Judgment is granted, the Alberta Court of Justice Office will a Certificate of Default Judgment and send to all parties by regular mail. It may take two weeks or more for the Certificate to be mailed.

What happens after I get a Certificate of Default Judgment?