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    I served the defendant with the Notice of Claim. How do I prove it?
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    If the defendant has not responded to your Notice of Claim within 20 days, you can ask the court clerk to enter a judgment in your favour by default.

    First, fill out an Affidavit of Service for each of the defendants, and go to the court where you filed the Statement of Claim. Ask to sign the form, and swear to the truth of the form in front of a Commissioner of Oath. (You can also sign the form in front of a lawyer or notary; however, the Commissioner of Oath at the court doesn't charge.)

    In the affidavit, include as many details as you can about the circumstances in which you served the defendant (descriptions, times, locations, etc.) The more details you include, the more credible you appear.

    Next, fill in a Request to Clerk form, asking the court note the defendant in default. Once the defendant is found in default, they have given up their right to be heard in court. You no longer have to prove your case - the judge simply has to decide how much you are owed. However, the defendant can change their mind later, and ask the judge to have the notice of default set aside.

    Disclaimer: Content on this website is provided for informational purposes only and does not constitute a legal advice.

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