1. Complete your Notice of Motion

What should I do if there is a default judgment against me in a Small Claims Court case?
This question has an answer and 5 steps

1. Complete your Notice of Motion

To ask the court to set aside the noting in default and default judgment, fill out Form 15A - Notice of Motion and Supporting Affidavit. You have to give information about yourself, the plaintiff, and the Plaintiff's Claim.

If there is more than one plaintiff or defendant in your court case, you must also complete and attach Form 1A – Additional Parties.

Your Claim No. is on the top-right corner of the Plaintiff's Claim. The name, address and phone number of the Small Claims Court is also on the Plaintiff's Claim. Include this information in your Notice of Motion and Supporting Affidavit.

When you have completed the form, contact the court clerk of the Small Claims Court. Call the phone number listed at the top of the Plaintiff's Claim or go to the courthouse in person. Ask for a date and time for the court to hear your motion.

Write the date and time of the motion on page 2 of the form.

You're the party making the motion to "set aside noting in default".

Check the following boxes on the Notice of Motion form:

  • set aside default judgment
  • set aside noting in default
  • permission to file a Defence
  • permission to file a Defendant's Claim (if you think the person suing you owes you money)
  • terminate garnishment and/or withdraw writ(s)

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Ontario Ministry of the Attorney General
Ministry of the Attorney General
Reviewed: April 1, 2019

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