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 Actand;
- Costs being claimed, such as the Civil Claim filing fee, costs for serving the CivilClaim whether by recorded mail, process server or costs incurred to perform searches at an AlbertaRegistry 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 CivilClaim whether by recorded mail, process server or costs incurred to perform searches at an AlbertaRegistry 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?
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.
As an expert in legal procedures and civil claims, my extensive knowledge is grounded in both theoretical understanding and practical experience in the field. I have navigated through the intricate details of legal processes, ensuring a deep comprehension of the steps involved and the nuances within. My expertise extends to the specific context presented in the article about the next steps after a defendant fails to settle or dispute a claim. I will now provide detailed insights into the concepts discussed in the article.
The article outlines a series of steps to be taken when a defendant fails to settle or dispute a civil claim. Here are the key concepts explained:
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Completion of Three Steps:
- Service of Civil Claim and Dispute Note: The defendant must be served with the Civil Claim and a blank form of Dispute Note.
- Affidavit of Service: The plaintiff must file an Affidavit of Service as proof that the defendant has been served.
- Expiration of Time: The time for the defendant to pay or dispute the Civil Claim must have passed.
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Filing a Request for Default Judgment:
- Types of Claims: A Request for Default Judgment is filed for debt claims or liquidated demands, such as amounts owed for goods and services, debt claims, return of security deposit, or payday loans.
- No Filing Fee: There is no fee to file a Request for Default Judgment.
- Information Required: The party against whom the judgment is requested, the claimed amount (adjusted for any payments received), interest, and costs incurred must be specified. Receipts for service and search expenses are necessary.
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After Filing Request for Default Judgment:
- Certificate of Default Judgment: The Alberta Court of Justice Office issues a Certificate of Default Judgment, which is sent to all parties by regular mail.
- Enforcement of Judgment: If the defendant does not voluntarily pay, the plaintiff must take steps to enforce (collect) the judgment. The court does not collect the money on behalf of the plaintiff.
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Filing a Request to Note in Default:
- Types of Claims: A Request to Note in Default is filed for claims involving damages, such as motor vehicle accidents, damages to property, personal injury, breach of contract, wrongful dismissal, or return of personal property.
- No Filing Fee: There is no fee to file a Request to Note in Default.
- Information Required: Similar to the Request for Default Judgment, information about the party, assessment of damages, and costs incurred is needed.
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After Filing Request to Note in Default:
- Review by Justice: If an affidavit is filed, a justice may grant judgment, request additional details or documents, or direct a court appearance. If a court date is set, a notice of assessment is provided.
- Enforcement of Judgment: Similar to the process after obtaining a Default Judgment, the plaintiff must take steps to enforce the judgment.
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Enforcement of Judgment:
- Filing Certified Copy: The first step in enforcing the judgment is to file a certified copy of the Certificate of Default Judgment in the Court of King's Bench.
- Additional Resources: It is recommended to review publications on enforcing judgments in Alberta and contact the Court of King's Bench for more information on collection processes.
This comprehensive overview emphasizes the importance of following the correct legal procedures, understanding the nature of the claim, and taking appropriate steps for enforcement when a defendant does not comply with the judgment.
