What is a Default Judgment in Small Claims Court?
A default judgment is issued when the defendant fails to respond to a claim within the required timeline or does not attend the scheduled hearing.
In other words, the court may rule in the plaintiff’s favour without hearing your side of the story.
This can happen if:
- You missed the deadline to file a defence
- You were not properly served with the claim
- You were unable to attend court due to unforeseen circumstances
- There was a misunderstanding or error in the court process
Why Setting Aside a Default Judgment is Important
If a default judgment is entered against you, the other party can take enforcement steps such as:
- Garnishing your wages
- Freezing your bank accounts
- Placing a lien on your property
- Seizing your assets
By setting aside the judgment, you can pause these enforcement actions and have the chance to defend yourself in court.
How Legal Solutions Law Firm Can Help
At Legal Solutions Law Firm, we have extensive experience helping clients set aside default judgments in Small Claims Court across Toronto and the GTA. Our approach includes:
- Reviewing Your Case
We will carefully examine the court documents, service records, and timelines to determine if you have valid legal grounds to request the judgment be set aside.
- Filing the Required Motion
We prepare and file a Motion to Set Aside Default Judgment, ensuring all necessary forms, affidavits, and supporting evidence are properly completed.
- Presenting Strong Legal Arguments
Our lawyers will argue on your behalf in court, showing why the judgment should be set aside and why you deserve the opportunity to defend the claim.
- Guiding You Through the Defence Process
Once the judgment is set aside, we help you prepare your defence, gather evidence, and present your case effectively.
Grounds for Setting Aside a Default Judgment
While each case is unique, common reasons include:
- You were not properly served with the claim
- You had a valid reason for missing court (e.g., illness, emergency, miscommunication)
- You have a legitimate defence to the claim
- There were procedural errors in the court process
Timelines Matter – Act Quickly
In Ontario, requests to set aside a default judgment must be made as soon as possible after learning about the judgment. Waiting too long can reduce your chances of success.
Why Choose Legal Solutions Law Firm
- Proven Track Record in Small Claims Court matters
- Personalized Legal Strategy for your situation
- Fast Action to meet court deadlines
- Clear Communication so you understand every step of the process
Contact Legal Solutions Law Firm Today
Don’t let a default judgment go unchallenged. The sooner you act, the better your chances of success.
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