Apply to enter a default judgment

About default judgments

A default judgment (or a judgment in default) is a judgment made by the court against a party because they failed to do something. For example, failing to file a document required by the court within a given period of time.

Depending on the nature of your claim, a default judgment can be:

• A final judgment.
  • This is the court's final decision in a civil case. For example, the other party has to pay you a fixed amount of money, interest on the amount and legal costs.
• An interlocutory judgment.
  • An interlocutory judgment may be given if you are seeking unliquidated damages from the other party.
  • In this case, an assessment of damages hearing may be arranged, where the amount of money, interest, and legal costs payable to you will be determined by the court.

File a request to enter a default judgment

If you are starting a claim (the plaintiff) against the other party (the defendant), you can enter a default judgment against the defendant:

• If the defendant fails to file and serve a copy of a Memorandum of Appearance (MOA) (enter an appearance) on you within 8 days of receiving the Writ (if they are located in Singapore), or within 21 days of receiving the Writ (if they are located outside of Singapore).
  • This is known as a judgment in default of appearance.
• If the defendant fails to file and serve on you a copy of their defence within 14 days of the time limited for appearance.
  • This is known as a judgment in default of defence.

A default judgment will not be entered automatically if the defendant fails to file and serve an MOA or defence.

You will have to file a request to enter a default judgment against the defendant and state that the defendant has either failed to file an MOA or their defence within the prescribed time limits.

What you will need

You will need to prepare the following before you file the request to enter a default judgment:

• The Request to Enter Judgment Form in accordance with Form 79A of the Rules of Court.
• The Judgments Form in accordance with Form 79 of the Rules of Court.
  

How to file

You may choose to file the documents personally or through a lawyer. If you are represented by a lawyer, the documents will be filed by your lawyer.

If you are representing yourself, you must file the documents through eLitigation at the LawNet and CrimsonLogic Service Bureau.

You must follow the Rules of Court and the State Court Practice Directions or the Supreme Court Practice Directions to prepare your documents before heading down personally to do the filing.

Estimated fees

Refer to the following to find out the possible fees for filing a request to enter a default judgment. You may also refer to Appendix B of the Rules of Court for the full list of court fees.

After you file

If the requirements for the entry of default judgment are satisfied, the court will generally grant the default judgment.

If the defendant does not agree with the default judgment, they may apply to the court to set aside or vary the default judgment.

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