I’ve been noted in default at Small Claims Court. What can I do?
Question & AnswerI’ve been noted in default at Small Claims Court. What can I do?
2. Complete your affidavit
In your affidavit, you must give the reason that you weren't able to file your Defence on time.
Include details like:
- When you learned that you were noted in default.
- What you did once you learned you were noted in default.
- If you knew there was a claim made against you, why you didn't file a Defence.
- What you will include in your Defence, if you're given the chance to file the Defence.
Be as detailed as possible. In most cases, the judge will rely on what is in your affidavit at your hearing. You will not be able to give oral evidence.
If you need more room to write, attach extra pages to your affidavit. At the bottom corner of each page, write a page number and the total number of pages. For example, you might write “Page 1 of 3”. Sign your initials on each page.
If you refer to any document in your affidavit, you must attach a copy of that document to your form. For example, if you have a doctor's note that shows you were sick or in the hospital, attach that. If you have more than one document, refer to them as Exhibit A, Exhibit B, and so on.
On the copy of each document you attach, you must write which Exhibit it is, your name, and the date you swore or affirmed it was true. For example:
This is Exhibit A referred to in the affidavit of (insert your name) sworn or affirmed on (_______, 20__) by (signature of the commissioner for taking affidavits).
Keep the original copies of any documents attached as an exhibit and bring them with you to the hearing.
Sign your forms
You must swear or affirm that the information in your Affidavit is true before you sign it. This means you promise that the information in the document is correct. You do this by signing the Affidavit in front of someone who has the authority to supervise an or . This person also signs and dates the form and supporting exhibits.
Court clerks at the Small Claims Court can do this for free. Lawyers, paralegals, and individuals called commissioners of affidavits can also do this, but they usually charge a fee.