Form 10 – Request for Judgment by Default of Defence

What this form is for

• • Use when the defendant has failed to file a defense within the required timeframe
• • Use after the statutory period for defense has expired
• • Use when you want the court to rule in your favor due to the defendant's default
• • Use before seeking alternative enforcement methods
• • Use only for civil proceedings where this procedure applies

Use this form or another form?

Deadline or filing window

This form must be filed after the defense period has expired (typically 21 days after service) but before any subsequent enforcement proceedings begin. Delays in filing may result in the need to restart the process.

Before you submit

• • Confirm defendant was properly served with proceedings
• • Verify defense period has fully expired
• • Complete all sections of the form accurately
• • Attach copies of all relevant court documents
• • Include the correct court fee
• • Keep a complete copy of your submission
• • Check for any specific local court requirements

How to file this form

1. 1Obtain the current Form 10 from the Courts Service website or court office
2. 2Complete all sections with accurate case and defendant information
3. 3Attach supporting documents showing the defense period has expired
4. 4Calculate and include the correct court fee
5. 5Submit to the appropriate court office
6. 6Obtain a stamped copy as proof of submission
7. 7File any additional required documents with the court

Known limitations

• • This form only applies when the defendant has failed to file a defense
• • It cannot be used if the defendant has filed any defense, even if inadequate
• • The court may refuse the request if proper procedures weren't followed
• • This form doesn't cover all types of civil proceedings - check if it applies to your case
• • Obtaining judgment doesn't guarantee collection of the debt