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The document is a legal motion filed by the Defendant requesting the court to set aside an Entry of Default and Default Judgment against them. The Defendant argues that their attorney failed to respond to the Complaint due to mistake and excusable neglect, and asserts they have a valid defense. The motion includes details about the case, service of process, and a notice for a hearing on the motion.

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What happens if a defendant does not pay a judgment in Canada?

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.

What does it mean to default on a Judgement?

Primary tabs. A default judgment (also known as judgment by default) is a ruling granted by a judge or court in favor of a plaintiff in the event that the defendant in a legal case fails to respond to a court summons or does not appear in court.

What is a default judgment BC?

A default decision is a final decision made by the CRT if a respondent doesnt reply to the claim. This is in the CRT Rules. If you made a claim against someone and they dont respond by the deadline, you can ask the CRT for a default decision. Theres a fee to apply for a default decision.

default judgment example

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What is a default Judgement Canada?

Default judgment is judgment by administrative act rather than trial. It is the early determination of a claim by reason of the defendants failure to file an acknowledgment of service or a defence within the time limits set down by the Civil Procedure Rules (CPR).

What is the difference between a default and a judgment?

Entry of a defendants default simply means that the defendant is thereafter barred from defending against the lawsuit, whereas the default judgment is the courts pronouncement of what the plaintiff is entitled to against the defendant (such as money damages, declaratory relief, an injunction, or otherwise).

How does a default Judgement affect me?

If granted, a default judgment allows the creditor or debt collector to collect the amount that you owe using various methods, including: Wage garnishment. Bank levies. Seizure of property.

What is a default Judgement Ontario?

The plaintiff can ask the court to note you in default. This means you havent filed a response in time and you wont be allowed to take part in the court case anymore. The plaintiff can then ask the court to order you to pay them what theyre asking for. This is called asking for a default judgment.

What is a default Judgement Alberta?

Requests for Default Judgment This may occur when a party is making a Request for Default Judgment against a party who has failed to file a Dispute Note on a debt or a liquidated demand claim.