Guide to Applying for a Default Order in BC Small Claims Court

Understanding the Application for Default Order in British Columbia Small Claims Court

If you are involved in a civil dispute in British Columbia and the defendant has not responded to your claim, you may need to apply for a default order through the Provincial Court of British Columbia. This process allows you to obtain an order without a court hearing, provided certain conditions are met. This article explains the purpose of the form, how to prepare your application, and the steps involved in submitting it effectively.

What is the Purpose of the Application for Default Order?

The Application for Default Order (Form SCL 005) is used when the defendant has failed to respond or file a reply within the required timeframe after being served with a Notice of Claim or Notice of Civil Resolution Tribunal Claim. This form enables you to request a court order that enforces your claim, specifying the amount owed or other terms, based on the evidence you have provided.

The primary goal is to secure a legally enforceable order that confirms the defendant’s obligation to pay or comply with other terms, without the need for a formal hearing. However, if the claim is not solely for a debt, a hearing may be scheduled to determine the appropriate terms of the order.

Preparing Your Application

Gather Required Information

• Registry File Number and Location: Obtain this from your Notice of Claim or Civil Resolution Tribunal Claim. Ensure the names used match those on the original claim to avoid enforceability issues.
• Details of the Claim: Clearly specify the amount claimed, including any expenses or interest that may have accumulated since the original filing date.
• Supporting Documents: Collect any relevant evidence or documents that support your claim, such as invoices, receipts, or correspondence. These must be submitted along with a Supporting Materials Cover Sheet (Form 39) at least two business days before any scheduled hearing.

Completing the Form

When filling out the Application for Default Order, ensure that all information is legible and accurate. You will need to specify whether the claim is for a debt (no hearing required) or if a hearing is necessary. If a hearing is scheduled, you should indicate the date and time, and be prepared to present your case before a judge.

Submitting Your Application

Filing Process

To apply, you must file the completed application form along with a Certificate of Service, confirming that the defendant was properly served with the Notice of Claim or Civil Resolution Tribunal Claim. This can be done in person at the small claims registry or via the court’s electronic filing system where available.

Be aware that there is a filing fee associated with this application. The registry staff will review your submission to verify proper service and whether a hearing is required. Once approved, the court will issue the default order or set a hearing date if necessary.

Follow-Up and Enforcement

After the order is issued, you will receive a copy signed and stamped by the court. If no hearing is scheduled and the order is for a debt, you can proceed with enforcement actions, such as garnishment or seizure, to recover the owed amount.

If a hearing is scheduled, attend on the specified date to present your case. Make sure to prepare all supporting documents and be ready to answer questions from the judge regarding the claim and the amount requested.

Additional Tips

• Ensure Proper Service: Confirm that the defendant has been properly served with the Notice of Claim to avoid delays or dismissal of your application.
• Keep Copies: Maintain copies of all documents submitted, including the application form, Certificate of Service, and supporting evidence.
• Consult the Court’s Resources: For detailed guidance, refer to the official court resources or the “Getting Results” guide available through the British Columbia government website.

Applying for a default order can be a straightforward process if you are well-prepared and follow the proper procedures. It is important to ensure all documentation is complete and accurate to facilitate a smooth review by the court registry.