What to Do When the Defendant Doesn't Respond in Claims Court

When a defendant doesn't respond in small claims court until the deadline date, the plaintiff can request to the court for default judgment. In this case, the plaintiff will be able to win the case without the defendant's participation. The specific process for obtaining a default judgment may vary by jurisdiction, so consult the rules and procedures of the relevant small claims court. For a default judgment, the plaintiff needs to file a request and provide evidence to support their claim. Plaintiffs can take legal advice or assistance from the court clerk to confirm whether they follow the correct procedures or not. Need to follow these tips if the defendant doesn't respond in small claims court such as:
•    Understand the rules and procedures of the small claims court in their jurisdiction.
•    Request a default judgment in the case when the defendant doesn't respond.
•    Need to provide evidence to support their claim.
•    Seek legal services that are available to guide individuals navigating the small claims court process.
•    the plaintiff is to attend all scheduled court hearings and be prepared to present their case, even if the defendant has not responded.
•    After obtaining a default judgment, they may still need to take steps to enforce the judgment and collect any awarded damages.

How Does The Defendant Pay?

After deciding how much you want the defendant to pay the amount owing.  How to pay the default judgment will depend on the defendant's circumstances either the defendant pays in installments over some time or money is paid immediately.

Complete Form N30 (Judgment for Claimant)

Fill the Form N30 which provides all useful information and the court uses this information. Copies of the form will be sent to you and the defendant. All types of judgment will also be recorded on the Register of Judgments. Registry Trust Limited is an organization that records all details of county court judgments. 
The form consists of these questions:
•    How much to pay
•    When to pay it
•    What is the address where money should be sent

Provide Evidence

When seeking a default judgment, the plaintiff may need to provide evidence to support their claim. The judge may ask the plaintiff to testify and to briefly present evidence to prove the claim.  
There is reasonable probability that the Defendant was actually assisted with the notice of claim.
Plaintiff knows about Defendant: Defendant is not on active duty in the military, also reads, writes, and understands the English language, and has no legal impairment or physical or mental disability that would keep the defendant from attending the trial.
The Plaintiff's appeal for the claim should be valid.

If the Defendant Doesn't Want to Pay

You appeal to the court to take further action, if the defendant does not pay and this process is called enforcing the judgment. The court will not do anything unless you appeal for it to do. Information on the different ways you can try various methods for enforcing a judgment, such as wage garnishment, bank account levies, property liens, and asset seizure. For these things, you may have to pay another fee. The court will add this fee to the money the defendant already owes you.

If the Defendant Agrees with Your Claim

The defendant might agree to give you some or all of the money you claim for then the court will let you know about that and explain how to accept it.