In the state of California, a default judgement is a binding legal decision that favors one party in a legal matter as a result of the opposing party having failed to respond, file documents, or appear in court before an imposed deadline in the case. This action is considered an admission of liability in the dispute and permits the court to proceed in the matter without a trial.
What is a Default Judgment?
A default judgment is a ruling handed down by a judge or the court in favor of the plaintiff if the defendant in the matter fails to respond to a court summons or appear in court on the date instructed or fails to file the necessary legal documents before the deadline prescribed by state law. If the defendant is served with a complaint, he or she usually has 30 days from the date of service to respond to that complaint. Should the defendant fail to do so by the set timeframe, the plaintiff may file an application with the clerk to enter a default judgment in the case against the defendant.
Vacating a Default Judgment
A default judgment ruling can be vacated if the defendant is able to present a valid justification as to why he or she failed to respond to the summons or missed the court date on which the defendant was instructed to appear.
- Defendant must file a motion to vacate within 30 days from the postmark on the judgment if sent through the mail or 180 days if the summons was not served to the defendant.
- The motion to vacate must explain why the default judgment should be set aside by providing an excusable default for failing to file by the deadline or proof of failed or improper service of the summons.
- A default judgment is only legally binding once the clerk enters the judgment into the record.
Plaintiff Responsibilities for Obtaining a Default Judgment
Securing a default judgment from the court relies on the plaintiff satisfying certain criteria that must be met before a ruling can be made against the defendant. Once the plaintiff has reached that threshold, the court will then review the default judgment request and determine if the defendant’s justification for failing to respond is excusable and if the plaintiff’s request for default judgment should be granted.
Criteria to Be Met Prior to Entering a Default Judgment
The following requirements are mandatory in securing a default judgment in favor of the plaintiff and all of these must be satisfied in full:
- Plaintiff must file a proof of service of the Summons and Complaint to the Defendant with the Court.
- The deadline for a response from the Defendant must have expired. This time frame is typically 30 days from the date of service.
- If no response has been filed with the court, the Defendant is considered to have failed to respond to the Complaint.
- A Statement of Damages must be served to the Defendant. This statement outlines the monetary damages the Plaintiff is seeking. This is considered the last effort for a response on the part of the Defendant. Please note: A Statement of Damages is not applicable in personal injury complaints in the state of California.
- After all of these prerequisite steps have been satisfied, the Plaintiff may file a default judgment from the court. The Plaintiff may also be required to submit supporting paperwork such as proof of Defendant’s failure to respond and the Statement of Damages that was served to the Defendant.
Filing the Request for a Default Judgment
After the facts have been established that the Defendant failed to respond within the allotted time frame, the Plaintiff is now permitted to file for a Default Judgment with the court.
Request for Entry of Default
The first step of the Default Judgment process requires the Plaintiff to file a Form CIV-100 – Request for Entry of Default, which informs the court the Defendant has failed to respond to the Complaint and the Plaintiff is making a formal request of the court to enter a Default as a result of the Defendant’s lack of response.
Completing Form CIV-100 requires the Plaintiff to supply the following information:
- Names of both the Plaintiff and the Defendant
- Case Number
- Declaration that explains how the Defendant has failed to respond to the Summons and Complaint by the established deadline.
- Method of Service that was utilized to serve the Defendant the Summons and Complaint
Once complete, Form CIV-100 must be filed in the same court where the initial Complaint in the matter was filed.
Serve the Defendant with Entry of Default Request
Once Form CIV-100 – Request for Entry of Default has been filed, the Plaintiff must then serve the Defendant with a copy of the form. This service can be done through the mail or any other method, but this copy must be sent to the Defendant.
Response from the Court
After the filing is complete, the Court will review the Plaintiff’s documentation to establish that all of the criteria for entering a Default has been met and, if the Court finds the Defendant failed to respond within the allotted time frame, a Default will be entered.
Now the Plaintiff will need to submit a Request for Default Judgment, which is different from the Request for Entry of Default. This form must be filed along with supporting documentation that includes
- An explanation of the claim
- The relief being requested of the Court
- Proof of the Defendant’s Failure to Respond to the Complaint
- Completed Form CIV-050 – Declaration of Damages with supporting documents such as invoices, records, receipts, and any other pertinent paperwork that illustrates how the Plaintiff arrived at the amount of damages that are being claimed in the case.
A hearing may be called prior to entering a Default Judgment. This usually occurs in the event the amount of the damages being sought is in dispute or the Court requires supporting proof of the amount. The Plaintiff will need to provide his or her evidence to the judge during the hearing and explain how the amount was calculated.
Entry of Default Judgment
The Court will examine all of the Plaintiff’s documentation and rule on granting the request or denying it. If awarded, the Court will issue the Default Judgment and accompanying damages, injunctions, or other specifications of relief. After the Default Judgment has been entered, the decision is now legally binding and the Defendant must comply with the conditions set forth.
Enforcement of a Default Judgment
The Defendant is now legally obligated to comply with the decision and this may require payment of damages to the Plaintiff. However, if the Defendant refuses to pay what is owed, the Plaintiff may take action to enforce the Default Judgment through these methods:
- Bank Levy: A bank levy can help the Plaintiff recover the damages owed by seizing the Defendant’s bank account to satisfy the Judgment.
- Property Lien: A lien may be filed against property in the Defendant’s name allowing the Plaintiff to seize that property as a means for satisfying the debt as per the conditions set forth in the Default Judgment.
- Wage Garnishment: Another remedy for enforcing the Default Judgment is by garnishing the wages of the Defendant for a period of time until the debt is satisfied in full.
Legal Advice for Pursuing a Default Judgment
In order to enter a Default Judgment in California, the Plaintiff will need to jump through a number of legal hoops. If you are the Plaintiff in a matter currently before the state court and you have chosen to go it alone or you have legal representation on your side, it doesn’t hurt to seek out the services of a highly-skilled and experienced attorney who is well-versed in dealing with matters in which one party is being fully ignored and/or defaulted upon by the opposing party in the complaint.
The Law Office of Fahim Rahman is always ready to provide helpful advice in seeking a Default Judgment against a Defendant who isn’t taking your lawsuit seriously or actively avoiding accountability. While it is critical that you follow every step prescribed by law for resolving the matter, you don’t have to go it alone. Attorney Fahim Rahman can be of service in helping you follow all of the legal procedures required for serving the Defendant and filing for a Default Judgment should the opposing party fail to answer in a timely manner.
Call attorney Fahim Rahman today to get the satisfaction – and possible compensation – you deserve in your legal matter and secure a rightful Judgment in your favor.