Who can use it?
- For
- Claimant under Rule 6 (counterclaims and third-party claims have separate procedures)
- Court rules
- Rule 6
When do you need Form 5?
Before using this form, check that your case belongs in Provincial Court and that this form fits your situation. Read the current court rule and official form. Most eligible claims of $5,000 or less start with the Civil Resolution Tribunal, not a new Court Notice of Claim. Some kinds of claims follow different rules.
What to prepare
Confirm the reply period has run, the correct person was served properly, no reply is on file, and the amount and proof support the application.
Use the names, addresses and court file number already on your case. Keep the documents and calculations together, and make copies for everyone who needs them. Filling in a form does not prove your case.
File the form and give copies to others
Important for this form: Under Rule 6(1)–(3), Form 5 is the ordinary claimant’s application when a defendant fails to file a Reply on time. File Form 5 together with the completed Certificate of Service (Form 4) for the Notice of Claim or Notice of Civil Resolution Tribunal Claim, at the same registry where that claim was filed, and pay the applicable fee. The registry must have the proof of service; confirming delivery or listing Form 4 as a related form is not a substitute. Counterclaims and third-party notices do not receive routine registrar default orders (Rule 6(2)); they require the separate judicial authority specified in Rule 16(6)(c). Debt claims can lead to a registrar’s payment order, while non-debt claims are sent to a judge; in the latter case Rule 6(5.1) requires hearing documents with Form 39 at least two business days before the hearing.
Follow Rule 6 and the form instructions; debt and non-debt claims may follow different default-order paths.
Follow the wording and instructions on the official form. You may need to give different copies to different people. The provincial Filing Assistant can help you fill out certain forms. It cannot tell you whether your case belongs in this court or whether your filing will be accepted.
Deadlines and fees
Timing: Wait until the relevant reply period has expired. Confirm service and other prerequisites before filing.
Fees: Application for default order: $25, excluding process-server or evidence expenses.
If you must give a copy to another person, follow the delivery rules for that form. Write down when and how you delivered it. Filing a form with the court is different from giving it to someone else. Estimate ordinary CRT / original Court claim costs. This calculator does not cover every special form or every way to collect money after a judgment.
Watch out for this mistake
Assuming default is automatic, using Form 5 before the reply deadline, or overlooking special procedural requirements.
Check the current fee, courthouse and hearing instructions. Small-claims procedures can differ at Vancouver Robson Square and Richmond.
If a default order has already been made against you: Form 5 is the claimant's request for an order, not a way to cancel one. See Form 17: Application to a Judge and Rule 17(2) for the separate cancellation process, including the required affidavit.