Form 9B – Request to Clerk

Jurisdiction: Country: Canada | Province or State: Ontario

What is a Form 9B – Request to Clerk?

Form 9B is a Small Claims Court form. You use it to ask the court clerk to take a specific procedural step in your case. Most often, you use it after the defendant misses a deadline. The form lets you request that the clerk note the defendant in default. It also lets you ask for default judgment for a set amount of money. If your damages are not a set amount, you use it to ask for an assessment hearing.

This form is part of the Small Claims Court process. The court is a branch of the Superior Court of Justice. It handles civil claims within its monetary limit. Form 9B helps move your claim forward without a motion or a regular hearing. You fill it out, file it, and the clerk reviews it. If your request fits the rules, the clerk signs or schedules the next step.

Who uses this form?

Plaintiffs use it after serving a claim when no defence is filed in time. Defendants also use it when a “Defendant’s Claim” is not defended in time. It can also assist third party claimants in similar default situations. In each case, the party asking must have already served their claim. You also must have proof of service on the other party on file.

You would need this form if the other side did not respond. If the defence deadline passes and nothing is filed, you can ask the clerk to note the defendant in default. If your claim is for a set amount, such as unpaid invoices, the clerk can also sign default judgment. If your claim is not for a fixed amount, the clerk can schedule an assessment hearing. That hearing is only about the amount of your damages.

Typical usage scenarios

You are a contractor. You issued a claim for unpaid invoices totaling $8,400. You served the claim. The defendant did not file a defence by the deadline. You file Form 9B and ask for default judgment. The clerk reviews your request and your proof. If all is in order, the clerk signs judgment for your debt, interest, and allowable costs.

Another scenario involves a loan. You lent $3,000 under a signed promissory note that sets interest at 10% per year. The borrower did not repay. You issued and served your claim. No defence arrives. You file Form 9B and attach the note. You ask for judgment for the principal, contract interest, and your costs. The clerk can sign that judgment if your paperwork is complete.

A third example is a damage claim that is not fixed. You are a small business owner. A supplier’s error caused lost goods and extra freight costs. Your exact loss needs proof. You issued and served your claim. The defence deadline passes with no response. You use Form 9B to ask the clerk to note default and set an assessment hearing. The court then gives you a date. You attend and prove your losses.

These examples show a simple point. Form 9B helps you turn a missed defence into a court step. That step can be a default judgment for a fixed sum. Or it can be a hearing to decide the amount you should receive. The process is streamlined and does not require a motion in most cases.

When Would You Use a Form 9B – Request to Clerk?

You use Form 9B when the other side fails to defend in time. The defence deadline appears on the claim form and in the rules. You must wait until that date has passed. You should also confirm that no defence is on the file. Once the deadline passes with no defence, you can request a default. That request is what Form 9B is for.

You also use this form if a judge or deputy judge has struck out a defence. When a court order removes a defence, the party is then in default. You can file Form 9B and ask the clerk to note default and proceed. The same is true if the court has made an order that permits default steps. In each case, the file must show that default is proper.

You may use Form 9B in cases with multiple defendants. You can request default against one defendant who fails to defend. You can continue against the others who did respond. This is common with joint debtors. A company may ignore the claim while a guarantor files a defence. In that case, you can note the company in default using Form 9B. The claim continues against the guarantor.

Different users rely on this form. Businesses use it for unpaid accounts and service invoices. Landlords use it for post-tenancy arrears or repair costs that are liquidated. Former tenants use it for the return of deposits or overpayments. Tradespeople use it for progress draws that remain unpaid. Lenders use it for unpaid loans. Consumers use it for refunds where the amount is fixed by contract. In each case, the common trigger is the missed defence.

You also use Form 9B when your claim needs an assessment. If your damages are not fixed by a contract or invoice, you ask for a hearing. Examples include repairs, replacement costs, and lost goods. The clerk can set a hearing to assess the amount. You will prove your losses with receipts, photos, and testimony. The court will then set the amount of judgment.

You would not use this form if a defence is on file. You also would not use it to enforce a judgment. Enforcement has separate forms. If you need to amend a claim or add a party, you use other procedures. Form 9B is for default steps, default judgment requests, and assessment scheduling. Keep the purpose narrow and you will avoid rejection.

Legal Characteristics of the Form 9B – Request to Clerk

Form 9B is a procedural request. It is not a judgment by itself. It becomes powerful because the clerk can act on it. When used correctly, the clerk can note a defendant in default. The clerk can also sign a default judgment for a set sum if the claim qualifies. That judgment is a court order. You can enforce it once you receive it.

Why can the clerk sign judgment? The Small Claims Court rules allow a clerk to enter a default judgment for certain claims. The claim must be for a debt or a liquidated demand in money. Liquidated means the amount is fixed or can be calculated from documents. Examples include unpaid invoices, loans, NSF cheques, or fixed contract sums. If the amount is not fixed, the clerk cannot set the amount. In that case, the clerk can set an assessment hearing.

Enforceability depends on several safeguards. You must have served the claim correctly. The court must have proof of service on the file. The defence deadline must have passed. The amounts you claim must fit your issued claim. You must provide clear calculations and any applicable interest terms. The court reviews these elements. If something is missing, the clerk will not sign judgment.

There are limits in sensitive cases. If the defendant is a person under disability, extra steps apply. The court may require a judge’s review before entering default judgment. If your claim seeks non-monetary relief, a clerk cannot grant it. Some relief requires a hearing. The court also will not exceed the Small Claims Court monetary limit. If your amounts go over the cap, you must reduce them or use another court.

A default judgment can be set aside. A defendant who missed the deadline can ask the court to reopen the case. The court looks at three things. It considers the reason for the default. It considers whether there is a possible defence. It considers whether the request was made promptly. Until set aside, the default judgment stands. You can enforce it unless a judge orders a stay.

Costs follow clear rules. Small Claims Court costs are modest and proportional. The court allows you to claim your filing fees and service costs. It may allow a reasonable representation fee within set limits. You must itemize and support your costs. The clerk will review your claimed costs with your request. Keep costs reasonable and well documented.

Interest is part of the legal picture. If your contract sets an interest rate, include the rate and start date. Attach the contract. If no contract rate exists, you can claim pre-judgment interest at the default rate set by law. Use a clean calculation, with start and end dates. Post-judgment interest also applies. The court includes the applicable rate on the judgment.

How to Fill Out a Form 9B – Request to Clerk

Follow these steps to complete Form 9B. Work carefully. Double-check every figure.

Step 1: Confirm service and the missed defence.

You must have proof that you served the claim on the defendant. Ensure the Affidavit of Service is filed. Confirm that the defence deadline has passed. Check the court file to ensure no defence is recorded. Do not file Form 9B before the deadline. Filing too early will cause rejection.

Step 2: Confirm what you will ask the clerk to do.

Decide between three requests. Ask to note the defendant in default. Ask for default judgment for a fixed, calculable sum. Or ask for an assessment hearing if your damages are unliquidated. You can ask to note default and also request judgment or a hearing in one form. Align your ask with your claim type.

Step 3: Assemble your supporting documents.

Gather the documents that prove your claim and amounts. For a debt, collect invoices, statements, contracts, and any demand letters. For a loan, attach the promissory note or loan agreement. For interest, include the clause that sets the rate. For costs, keep your receipts and invoices for filing and service. For unliquidated damages, prepare estimates, receipts, and photos for the later hearing.

Step 4: Complete the court heading.

At the top, fill in the court location. Use the same court office where your claim was issued. Fill in the court file number exactly as it appears on your claim. Enter the full names of all parties, with the same order and spelling. Consistency with your claim avoids delay.

Step 5: Identify the party you want noted in default.

List each defendant who failed to defend. If there are multiple defendants, specify who is in default. If one defendant filed a defence, do not include that party here. Only include parties who are actually in default. Precision matters when there are many parties.

Step 6: Select the relief you are requesting.

Indicate that you want the clerk to note default. If you want default judgment for a set amount, check that option. If you need an assessment hearing, choose that option. If both apply, select both. The form allows you to request the proper next step based on your claim.

Step 7: State the amounts for default judgment requests.

Break down your monetary claim. Provide the principal amount as stated in your claim. Enter any pre-judgment interest. Indicate the interest rate and the start date. State whether the rate is set by contract or by law. Calculate the interest up to a date close to filing. List your costs and disbursements. Include the claim filing fee, service fees, and any other allowable costs. Add the subtotal and show the total judgment you seek.

Example: You claim $5,000 for unpaid invoices. Your contract sets interest at 12% per year, starting 30 days after each invoice. You calculate interest up to the date of the request. You attach the contract and the invoices. Your costs include the claim filing fee and process server fee. You list each cost with amounts. Your total equals principal plus interest plus costs.

Step 8: Explain your calculations clearly.

If you claim contract interest, attach the contract clause and show the math. If you use the default pre-judgment rate, show the rate and the calculation period. If your claim includes several invoices, attach a schedule. The schedule should show invoice dates, amounts, due dates, and interest. Clarity speeds approval.

Step 9: Consider multiple defendants and liability types.

If defendants are jointly and severally liable, you can seek default against one and continue against others. If liability is only joint, be careful. The court may need further steps before granting judgment against fewer than all. If in doubt, seek default against the non-responding party and proceed against the others. The clerk will only enter judgment that fits the pleadings and liability.

Step 10: Address special parties if applicable.

If the defendant is a corporation, confirm proper service on the corporation. If the defendant is a partnership or trade name, confirm proper party naming. If the defendant is a person under disability, expect judicial review. The clerk may not enter judgment without a judge’s order. Attach any required supporting material if the court previously directed it.

Step 11: Provide your contact and representation details.

Complete your name, address, email, and phone number. If you have a representative, include their name and licence number if required. Make sure the court can reach you. The court will send you a signed default judgment or a hearing date. Incorrect contact details cause delay.

Step 12: Sign and date the form.

Sign the form to certify the information is accurate. The court relies on your statement. Do not overstate amounts or include claims beyond your issued claim. Keep your request within the scope of your pleadings. Sign in ink if filing on paper. Use the digital signature if filing online.

Step 13: File the form with the court office.

File Form 9B at the same court location as your claim. You can file in person, by mail, or through the court’s online filing portal, if available for your case type. Include your supporting documents. If you prepared a schedule of calculations, include it. Keep copies of everything you file.

Step 14: Monitor the outcome and next steps.

If the clerk accepts your request for default judgment, you will receive a signed judgment. Review it to confirm the amounts. If the clerk sets an assessment hearing, note the date and prepare your evidence. If the clerk rejects your request, fix the issues and refile. The notice will explain what is missing or incorrect.

Practical tips for each section help you avoid pitfalls. In the heading, use the exact names from the claim. For the request section, choose only the relief that fits your claim type. For amounts, never exceed what you claimed in your original claim. For interest, align the rate with your contract or the default rate. For costs, include only actual, reasonable disbursements and permitted fees. For signatures, ensure the person with knowledge signs the form.

If you ask for an assessment hearing, prepare early. Bring original receipts, photos, and witness statements. Bring a clean summary of your loss and how you calculated it. The hearing is focused on the amount only. Liability is already established by default. Stay within the claim’s scope. Do not add new claims at the hearing.

If your claim includes both fixed and unliquidated parts, split them. Ask the clerk to enter default judgment for the fixed amount. Ask for an assessment hearing for the balance. Example: You claim $2,500 in unpaid rent plus $1,200 in repair costs. The unpaid rent is liquidated. The repairs may need proof. You can request judgment for the rent and an assessment for the repairs.

Be precise when dealing with interest. State the rate per year. State the exact start date. State the end date for the calculation. Show the dollar figure to two decimals. If you have several invoices with different due dates, show a table in an attached schedule. This supports your request and shows transparency.

Be careful with service. The court will not enter default without proper service. If you used a process server, attach their affidavit. If you served a corporation, ensure the affidavit states how service was made. If you used an alternative service method with court approval, include that order. Missing or defective service stops default.

Remember that a default against one defendant does not close the case against others. You can proceed with settlement conferences and trial against the remaining parties. If you later settle with them, advise the court. If you obtain a judgment against them, you can enforce both judgments if applicable. Keep the file organized and updated.

Accuracy is key throughout. A well-prepared Form 9B saves time. It avoids rejection and extra trips to the courthouse. It accelerates judgment when a defence is not filed. It also gets you an assessment hearing when your losses need proof. Use clear numbers, attach proof, and stay within your claim’s scope.

Legal Terms You Might Encounter

A clerk is a court staff member who handles filings and routine orders. With this form, you ask the clerk to take a step in your case without a judge. That can include noting a defendant in default or signing a default judgment.

Default means a party missed a required step. Most often, it means the defendant did not deliver a defence on time. You use this form to ask the clerk to record that default and move your claim forward.

Noting in default is the court’s record that a party failed to defend in time. It blocks that party from taking further steps unless the court sets it aside. You request that noting with this form once the defence deadline has passed.

Default judgment is a judgment the clerk or court issues when a defendant is in default. For certain money claims, the clerk can sign the judgment if your paperwork is complete. You request that using this form and attach your proof.

A liquidated claim is a fixed or easily calculated amount. Examples include unpaid invoices, loans, or bounced cheques. If your claim is liquidated, the clerk may sign judgment based on your calculations.

Unliquidated damages are not fixed by contract or a set rate. Examples include pain and suffering or property damage without invoices. If your claim is unliquidated, you usually ask for an assessment hearing instead of clerk’s judgment.

An assessment hearing is a short hearing to prove the amount of money owed. If the claim is not liquidated, the court reviews your evidence at this hearing. You can use this form to request that hearing after default.

Affidavit of service is a sworn statement showing how and when you served documents. The clerk relies on this to confirm the defendant knew about the claim. You should attach it when you ask for default.

Pre‑judgment interest is interest on your claim from a start date to judgment. You must show how you calculated it if you claim it. Include the rate, period, and dollar amount in your request.

Costs are your allowable expenses in the case. They can include filing fees, service fees, and a small amount for time. You must list each cost and attach receipts where possible when you ask the clerk for judgment.

FAQs

Do you use this form to note the defendant in default?

Yes. If the defence deadline has passed and no defence was filed, you can ask the clerk to note a default. Include your proof of service and confirm the deadline has expired. If a defence appears after you file, the clerk will not note a default.

Do you need an affidavit of service with this form?

Yes, in most cases. The clerk must see how you served the claim and when. Attach the affidavit of service for the Plaintiff’s Claim and any other served documents. Without it, the clerk will likely reject your request.

Do you use this form to get a default judgment for money owed?

Yes, for certain money claims. If your claim amount is fixed or easy to calculate, the clerk may sign judgment. Provide a clear calculation, interest details, and costs. If your claim is not fixed, ask for an assessment hearing instead.

Do you need to pay a fee when filing this form?

Usually, yes. The court charges filing fees for many steps, including default requests. Have a valid payment method ready when you file. Fees can change, so confirm the amount before you submit.

Do you need to serve the defendant with this form?

Often, no. You do not usually serve the Request to Clerk itself. But you may need to serve any resulting order or notice. For example, you may have to serve a judgment or an assessment hearing notice.

Do you use this form when there are multiple defendants?

Yes. You can ask the clerk to note one defendant in default even if others defend. Your claim can proceed differently for each defendant. Your request should clearly name the specific defendant(s) in default.

Do you include partial payments received after filing your claim?

Yes. Update your calculation to reflect any payments received. Start with the claim amount, subtract payments, then add allowed interest and costs. Show each step so the clerk can follow your math.

Do you use this form to set aside a default?

No. This form is to request action from the clerk, such as noting default or default judgment. Setting aside a default is a different step that usually requires a motion. You cannot do that with this form.

Checklist: Before, During, and After

Before signing

• Court file number and courthouse location. Match the claim exactly.
• Names of all parties. Use the same spelling as on the claim.
• Proof of service. Attach the affidavit of service for the claim and any amendments.
• Defence status. Confirm that no defence was filed by the deadline.
• Claim type. Decide if your claim is liquidated or needs an assessment.
• Amount owing. Prepare a clean, step‑by‑step calculation.
• Interest. Confirm rate, start date, end date, and total interest claimed.
• Costs. List each fee and disbursement with receipts if available.
• Partial payments. Record any credits since you filed.
• Supporting documents. Gather contracts, invoices, statements of account, or demand letters.
• Draft language. Prepare concise wording for the relief you want the clerk to grant.
• Contact details. Confirm your mailing address, phone, and email are current.
• Fee payment. Confirm the filing fee and how you will pay.

During signing

• Select the correct request. Choose “note in default,” “default judgment,” or “assessment hearing,” as needed.
• Verify party names. Match the claim, including any registered business names.
• Confirm addresses. Use service addresses already on the court record.
• Check totals. Confirm your subtotal, interest, costs, and final total.
• Interest period. Ensure the start and end dates are correct and do not overlap.
• Attachments list. Identify each attachment so the clerk knows what you filed.
• Signature and date. Sign where required and date the form.
• Contact fields. Make sure the court can reach you about issues or corrections.
• Multiple defendants. Clearly show who is in default and who is not.

After signing

• File the form with the same court where your claim is filed. Use the accepted filing method for that location.
• Pay the filing fee. Keep proof of payment for your records and costs claim.
• Calendar next steps. Note timelines to follow up if you hear nothing.
• Watch for a notice. The clerk may send a rejection note or a request for more information.
• Respond quickly. Fix any issues and re‑file promptly to avoid delay.
• If default is noted, request judgment if you have not done so already.
• If judgment is granted, serve the judgment if required and consider enforcement steps.
• If an assessment hearing is scheduled, prepare your evidence package and witness list.
• Keep copies. Store the filed form, attachments, and any court response. Use a single, organized file.
• Update your balance. If payments arrive, update your ledger and inform the court when needed.

Common Mistakes to Avoid

Requesting default too early

Don’t submit before the defence deadline has passed. The clerk will reject it, and you lose time. Confirm the deadline from the date of effective service.

Missing or weak proof of service

Don’t forget to attach the affidavit of service. Vague or incomplete service details cause rejection. Make sure the method, date, time, and person served are clear.

Asking for the wrong relief

Don’t use this form to set aside a default or to seek complex orders. The clerk can only grant limited relief. The wrong request will be refused.

Unclear or incorrect calculations

Don’t submit totals without showing your math. Wrong interest dates or double‑counted costs can reduce your award. Lay out a simple, auditable calculation.

Claiming ineligible costs

Don’t add costs you cannot support. Unsupported items may be struck out. Stick to allowed filing and service fees and modest allowable amounts.

What to Do After Filling Out the Form

File the form with the court where your claim is open. Use the court’s accepted filing method. Include all attachments listed in your request. Pay the fee and keep your receipt.

Track your filing. Note the date, time, and method. Keep a copy of everything you submitted. If you filed electronically, save the confirmation.

Wait for the clerk’s response. The clerk may sign the order, schedule an assessment, or ask for more information. If something is missing, fix it and re‑file quickly.

If the clerk notes default, decide your next move. For a liquidated claim, proceed to default judgment if you did not already request it. For an unliquidated claim, request an assessment hearing and prepare your evidence.

If you receive a default judgment, review it line by line. Check names, amounts, interest, and costs. If anything is wrong, contact the court promptly to address the error.

Serve any resulting order if required. Keep proof of service. Many enforcement steps require that the other party has the judgment.

Plan enforcement if no payment arrives. Keep your balance current, including post‑judgment interest. Choose appropriate enforcement only after confirming you have all required documents.

If there are multiple defendants, manage each track. You can hold a judgment against one and continue against others. Keep the court informed of any settlement or payment that affects your totals.

If the defendant moves to set aside default, respond on time. Gather your service proof and any prejudice from delay. Follow the court’s directions for the hearing of that motion.

If you discover an error in your request, act fast. Withdraw and re‑file if needed. Correcting early keeps your case clean and reduces risk of a set‑aside later.

Keep your records organized. Store the filed form, affidavits, calculations, and court responses. Maintain a simple ledger of your principal, interest, costs, and payments.

Review your contact details with the court. If your address or email changes, update the court. You do not want to miss any notice about your request.

Finally, update your case plan. If judgment is granted, shift focus to collection and closure. If the clerk requests more steps, schedule them and gather what you need.