Request a Default Judgment by Court

How to Get a Default Judgment When You Need to Prove a Dollar Amount of Damages

Disclaimer: This guide is intended as general information only. Your case may have factors requiring different procedures or forms. The information and instructions are provided for use in the Sacramento County Superior Court. Please keep in mind that each court may have different requirements. If you need further assistance, consult an attorney.

Click here to download this Step-by-Step guide as a pdf.

CONTENTS

This packet includes:

Step by Step Instructions
Sample Request for Dismissal, Judicial Council Form CIV-110
Sample Request for Entry of Default, Judicial Council Form CIV-100
Sample Declaration In Support of Application for Default Judgment Pursuant to CCP §585(b)
Sample Declaration re: Interest
Sample Judgment, Judicial Council Form JUD-100

BACKGROUND

If you have filed a complaint against and personally served a defendant and he or she has not responded within the 30-day deadline imposed by California Code of Civil Procedure § 412.20(a) (3)), you can go to court and ask that a judgment be entered in your favor. This is known as requesting a default judgment.

You must request a Default Judgment by the Court, rather than a Default Judgment by the Clerk, if a judge needs to rule on any issue raised in your complaint. Default Judgments by the Clerk are available under limited circumstances, such as in a breach of contract case where the monetary amount desired is specified in the complaint. See the "How to Request a Default Judgment by the Clerk" Step-by-Step guide available on our website for instructions and samples of the forms required to obtain a Default Judgment by the Clerk in this circumstance.

PROCEDURE

Obtaining a default judgment involves filing two sets of documents: first, the Request for Entry of Default and any necessary accompanying documents; and second, the Request for Entry of Court Judgment and all necessary accompanying documents. You may prevent a tardy defendant from filing their answer by filing the first set of documents on the 31^st day after personal service of the summons and complaint, and file the second set of documents later.

Step-by-Step Instructions

Step 1: Filing the Request for Entry of Default and any accompanying documents
a) File Your Proof of Service, if Necessary
b) File and Serve a Declaration of Venue, if Necessary
c) Complete the Request for Entry of Default (CIV-100)
d) Serve Documents on Defendant
e) Copying and Assembling
f) Filing

Step 2: Filing the Request for Entry of Court Judgment and necessary accompanying documents
a) Default or Dismiss all Named Defendants, if Necessary
b) Dismiss Your "Doe" Defendants, if Necessary
c) Completing the Request for Entry of Court Judgment (CIV-100)
d) Completing Your Declaration In Support of Application for Default Judgment Pursuant to CCP §585(d)
e) Completing your Declaration RE: Accrual of Interest
f) Completing the (Proposed) Judgment (JUD-100)
g) Serve Documents on Defendant
h) Copying and Assembling
i) Filing

Step 1: Filing the Request for Entry of Default and any accompanying documents

a) File Your Proof of Service, if Necessary

If you have not already filed your Proof of Service of Summons (POS-010) showing the date a defendant was served, you must file it with these Request for Entry of Default documents. The Court Clerk cannot enter a default judgment without proof a defendant has not answered within the 30-day time period. For instructions on how to complete the Proof of Service of Summons, see our "Personal Service of Court Papers" Step-by-Step guide at http://www.saclaw.org/pages/personal-service.aspx.

b) File and Serve a Declaration of Venue, if Necessary

If your lawsuit is based upon a retail installment contract subject to the Unruh Act (Civil Code §1812.10), on a financed automobile subject to the Rees-Levering Motor Vehicle Sales and Finance Act (Civil Code §2984.4), or on a loan or other extension of credit primarily for personal or household use (Code of Civil Procedure § 395(b)), you must either verify your complaint or file and serve a declaration of venue.

NOTE: The declaration of venue must be served upon the defendants like a Summons. If your complaint was not verified and you did not serve the statement of venue you must complete this step at least 31 days before filing the Request for Entry of Default.

You can find a sample Declaration of Venue on the Forms, Motions & Pleadings page of our website at http://www.saclaw.org/pages/forms-page.aspx.

Note: All Judicial Council forms can be obtained from the Court or downloaded online at http://www.courts.ca.gov/forms.htm, the Judicial Council website.

c) Complete the Request for Entry of Default (CIV-100)

❑ Type or write your name, address, and telephone number in the box that says "Attorney or Party Without Attorney." Where it says "Attorney for" type or write "In Pro Per," which means you are representing yourself.

❑ Below that, type or write the name and address of the court: County of Sacramento, 720 Ninth St., Sacramento, CA 95814. The Branch Name is "Civil."

❑ Beside "Plaintiff/Petitioner" insert your name (as it is written on the Summons and Complaint).

❑ Beside "Defendant/Respondent" insert the Defendant's name (as it is written on the Summons and Complaint).

❑ In the "Request for (Application)" box check "Entry of Default".

❑ Type or write your case number in the box provided.

❑ In paragraph 1a, type or write the date the Complaint was filed.

❑ In paragraph 1b, type or write your name (as it is written on the Summons and Complaint).

❑ Check the box in paragraph 1c and type or write the name of the defendant(s) (as it is written on the Summons and Complaint).

❑ Leave paragraph 2a through 2f blank.

❑ Skip paragraph 3, but type or print your name, date, and sign on the lines provided for this purpose in the area above the "For Court Use Only" box.

Request for Entry of Default (CIV-100), Page 1 (click for full-sized version)

❑ On the top of the second page, type or write the plaintiff's and defendant's names and the Case number in Caption box.

❑ Check the box next to "did not" in paragraph 4.

❑ Check the box next to paragraph 5 and the appropriate box next to 5a, 5b, or 5c, indicating whether your action "is" or "is not" on a retail installment contract subject to the Unruh Act (Civil Code §1812.10), on a financed automobile subject to the Rees-Levering Motor Vehicle Sales and Finance Act (Civil Code §2984.4), or on a loan or other extension of credit primarily for personal or household use Code of Civil Procedure § 395(b).

❑ Check the box next to paragraph 6b, then type or write the date of mailing and the name of the defendant and the address to which a copy of this Request for Entry of Default will be mailed (this address should match the address where the Process Server served the defendant).

❑ Type or print your name, date and sign on the lines provided for this purpose in the area below paragraph 6. By doing so, you are declaring under penalty of perjury that the information given in paragraphs 4, 5, and 6 are true.

Note: In Sacramento County you will also need to have a copy of the Request for Entry of Default served upon the defendant at the address listed in paragraph 6. See Step 1d for instructions.

❑ In paragraph 7, type or write the amount you paid for filing fees and process server fees in the space provided. Typically those are the only allowable costs at this early stage of a lawsuit (see Code of Civil Procedure §1033.5). Type or write the total of these fees in paragraph 7e. If your fees were waived, check the box next to 7f and do not enter amounts. Type or print your name, date and sign on the lines provided for this purpose in the area below paragraph 7. By doing so, you are declaring under penalty of perjury that the information given in paragraph 7 is true.

❑ Check the box next to paragraph 8 if the defendant is not in the military. If the defendant is in the military, he or she is entitled to the benefits of the Servicemembers Civil Relief Act, and the court will not enter a default judgment unless and until it has this declaration on file. Type or print your name, date and sign on the lines provided for this purpose in the area below paragraph 8. By doing so, you are declaring under penalty of perjury that the information given in paragraph 8 is true.

Request for Entry of Default (CIV-100), Page 2 (click for full-sized version)

d) Serve Documents on Defendant

In Sacramento County the court requires a separate Proof of Service by Mail (POS-030) form to be completed by the person who mails the Request for Entry of Default to the defendant. This person must be over the age of 18 and not a party to your action. For instructions on how to fill out the Proof of Service by Mail, complete with sample forms, see our "Proof of Service by Mail" Step-by-Step guide at http://www.saclaw.org/pages/pos-mail.aspx.

e) Copying and Assembling

Make two copies of each:

Proof of Service of Summons (POS-010 if applicable)
Request for Entry of Default (CIV-100)
Proof of Service by Mail (POS-030)

In the Sacramento County Superior Court, because documents are scanned into a computer, any multiple page original documents are left unstapled, while each copy is stapled. In courts that do not electronically scan, all are stapled, and the original is two-hole punched at the top of the page for insertion into a folder.

f) Filing

In Sacramento, Requests for Default Judgment are filed on the first floor of the Gordon D. Schaber Sacramento County Courthouse, located at 720 Ninth St. in downtown Sacramento. If you are filing in another county, please be sure to check with that court to determine the correct location to file.

Depending on how busy the Court Clerks are, if all of your documents are filled out correctly the Clerk will enter the Default and Clerk's Judgment right away and hand the stamped papers back to you. If there are any errors your papers will be rejected and you will need to start all over again.

Step 2: Filing the Request for Entry of Court Judgment and necessary accompanying documents

a) Default or Dismiss all Named Defendants, if Necessary

Have all named defendants been defaulted or dismissed in this matter? If not you must complete this step before filing a Request for Entry of Court Judgment.

b) Dismiss Your "Doe" Defendants, if Necessary

Almost all plaintiffs list "Doe" defendants, e.g., "Does 1 to 10," as placeholders for as yet unnamed defendants, in case it is later discovered that someone unknown at the time of filing the complaint may be liable. When the name of a Doe defendant is discovered the plaintiff amends the complaint to name the actual defendant. You must dismiss all of your Doe defendants before filing a Request for Entry of Court Judgment. If you have not already done so, you may file the dismissal papers with these default documents.

Completing the Request for Dismissal (CIV-110)

❑ Type or write your name, address, and telephone number in the box that says "Attorney or Party Without Attorney." Where it says "Attorney for" write "In Pro Per," which means you are representing yourself.

❑ Below that, type or write the name and address of the court: County of Sacramento, 720 Ninth St., Sacramento, CA 95814. The Branch Name is "Civil."

❑ Beside "Plaintiff/Petitioner" insert your name (as it is written on the Summons and Complaint).

❑ Beside "Defendant/Respondent" insert the Defendant's name (as it is written on the Summons and Complaint).

❑ In the "Request for Dismissal" box, check the box indicating your case type. If your case type is not indicated, check the "other" box and specify your case type.

❑ Type or write your case number in the box provided.

❑ In paragraph 1a, indicate whether you are going to dismiss the Doe defendants with prejudice (check box 1) or without prejudice (check box 2). With prejudice means you cannot file another complaint against any of the Does in this case later. Without prejudice means you are reserving the right to do so.

❑ In paragraph 1b, check box 6, where it states "Other (specify)," and type or write "DOES 1-x ONLY" (x is the number of Does you named in your complaint, e.g., "Does 1 to 10").

You must check the box in paragraph 2 if your court fees and costs were waived. If so, you must complete the declaration on the back of the Request for Dismissal form.

Request for Dismissal (CIV-110), Page 1 (click for full-sized version)

❑ On the top of the second page, type or write the plaintiff's and defendant's names and the Case number in Caption box.

❑ In paragraph 1 name the person whose fees were waived.

❑ If your court fees have been waived, check either 2b, "is recovering less than $10,000 in value by this action," or 2c, "is recovering $10,000 or more in value by this action," whichever is applicable.

❑ If you check 2c, you must complete paragraph 3. Check the box next to the number "3" and the box next to the word "No."

❑ Type or print your name, check the box next to "party making declaration," and sign and date the back page. By doing so, you are declaring under penalty of perjury that the information on this declaration is true.

Request for Dismissal (CIV-110), Page 2 (click for full-sized version)

Important! Don't forget to type or print your name, check "party without attorney," check "plaintiff/petitioner," and sign and date the front of the Request for Dismissal.

c) Completing the Request for Entry of Court Judgment (CIV-100)

❑ Below that, type or write the name and address of the court.

❑ Beside "Plaintiff/Petitioner" insert your name (as it is written on the Summons and Complaint).

❑ Beside "Defendant/Respondent" insert the Defendant's name.

❑ In the "Request for (Application)" box check "Court Judgment."

❑ Type or write your case number in the box provided.

❑ In paragraph 1a, type or write the date the Complaint was filed.

❑ In paragraph 1b, type or write your name.

❑ Check the box in paragraph 1d and type or write the name(s) of the defendant(s) (as it is written on the Summons and Complaint).

❑ If the default was previously entered insert the date of entry in box 1e(3).

❑ In paragraph 2a, type or write the amount demanded in the Complaint in the space provided. Skip paragraphs 2b.

❑ In 2c insert the amount of interest accrued from the date of filing the complaint until the date in which you are completing this form. You may use the judgment calculator at http://www.thelegalprocess.com/judgmentcalculator.htm to help with this step. Simply follow their instructions.

❑ In paragraph 2d, type or write the amount of your total Court Costs. These include filing fees and process server fees (paragraph 7 is an itemization of these costs; it may be easier to complete paragraph 7 before completing paragraph 2d). If these fees were waived do not enter them.

❑ In paragraph 2f, type or write the total of the amounts in paragraphs 2a, 2c and 2d.

❑ Skip paragraph 3, but type or print your name, date and sign on the lines provided for this purpose in the area above the "For Court Use Only" box.

Request for Entry of Default (CIV-100), Page 1 (click for full-sized version)

Note: In Sacramento County you will also need to have a copy of the Request for Entry of Default served upon the defendant at the address listed in paragraph 6. See Step 2g for instructions.

❑ In paragraph 7, type or write the amount you paid for filing fees and process server fees in the space provided. Typically those are the only allowable costs at this early stage of a lawsuit (see Code of Civil Procedure §1033.5) Type or write the total of these fees in paragraph 7e. If your fees were waived, check the box next to 7f and do not enter amounts. Type or print your name, date and sign on the lines provided for this purpose in the area below paragraph 7. By doing so, you are declaring under penalty of perjury that the information given in paragraph 7 is true.

❑ Check the box next to paragraph 8 if the defendant is not in the military. If the defendant is in the military, he or she is entitled to the benefit of the Servicemembers Civil Relief Act, and the court will not enter a default judgment unless and until it has this declaration on file. Type or print your name, date and sign on the lines provided for this purpose in the area below paragraph 8. By doing so, you are declaring under penalty of perjury that the information given in paragraph 8 is true.

Request for Entry of Default (CIV-100), Page 2 (click for full-sized version)

d) Completing Your Declaration In Support of Application for Default Judgment Pursuant to CCP § 585(d)

The California Code of Civil Procedure section 585(d) provides that the court "may permit the use of affidavits, in lieu of personal testimony, as to all or any part of the evidence or proof required or permitted to be offered, received, or heard . . . . The facts stated in the affidavit or affidavits shall be within the personal knowledge of the affiant and shall be set forth with particularity, and each affidavit shall show affirmatively that the affiant, if sworn as a witness, can testify competently thereto."

You must provideclear and concise evidence of every element in your cause of action to prove to the judge why you deserve a judgment. For example, if your cause of action is for negligence, you must prove:

Element 1. That the defendant owed a duty to the plaintiff;
Element 2. That the defendant breached that duty;
Element 3. That you (the plaintiff) were harmed; and
Element 4. That the defendant's negligence was a substantial factor in causing your harm.

The official California Civil Jury Instructions (CAJI) define the elements of almost every cause of action, in "plain English." The Legal Resource Guide on "Jury Instructions" on our website at http://www.saclaw.org/pages/jury-instructions.aspx describes how to use jury instructions as a checklist for gathering evidence.

You may also wish to consult these Law Library resources for information on how to prove the elements of various causes of action:

California Causes of Action KFC 1003 .C35

California Elements of an Action KFC 1003 .S74

You may type your Declaration in Support of an Application for Default Judgment Pursuant to CCP 585(d) on 28-line pleading paper, which may be downloaded for free from the Law Library's website, pre-formatted for the Sacramento County Superior Court, at http://www.saclaw.org/uploads/SacramentoPleadingWeb.doc. Alternatively, you may use Judicial Council Form MC-030, "Declaration," and attach Judicial Council Form MC-025, "Attachment to Judicial Council Form," if you need additional pages.

All Judicial Council forms can be obtained from the Court or downloaded online at http://www.courts.ca.gov/forms.htm, the Judicial Council website.

Use the sample we have included in this guide and adapt the language to fit your own facts and circumstances.

Declaration in Support of Default Judgment, Page 1 (click for full-sized version)

Declaration in Support of Default Judgment, Page 2 (click for full-sized version)

Declaration in Support of Default Judgment, Page 3 (click for full-sized version)

Exhibit A (click for full-sized version)

e) Completing your Declaration RE: Accrual of Interest

You may type your Declaration re: Accrual of Interest on 28-line pleading paper, which may be downloaded for free from the Law Library's website, pre-formatted for the Sacramento County Superior Court, at http://www.saclaw.org/uploads/SacramentoPleadingWeb.doc.

Alternatively, you may use Judicial Council Form MC-030, "Declaration." Use the sample we have included in this guide and adapt the language to fit your own facts and circumstances. Do not forget to include the declaration under penalty of perjury clause, "I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct." You may use the judgment calculator at www.thelegalprocess.com (http://www.thelegalprocess.com/judgmentcalculator.htm) to determine the amount of interest. Simply follow their instructions.

Declaration Re Interest (MC-030) (click for full-sized version)

f) Completing the (Proposed) Judgment (JUD-100)

❑ Below that, type or write the name and address of the court: County of Sacramento, 720 Ninth St., Sacramento, CA 95814. The Branch Name is "Civil."

❑ Beside "Plaintiff" insert your name (as it is written on the Summons and Complaint).

❑ Beside "Defendant" insert the Defendant name(s) (as it is written on the Summons and Complaint).

❑ In the "Judgment" box check "By Court" and "By Default."

❑ Type or write your case number in the box provided.

❑ Check the box next to paragraph 1, marked "By Default." Check the box next to 1e marked "Court Judgment" and 1e(2) "Plaintiff's written declaration pursuant to CCP §585(d)".

Proposed Judgment (JUD-100), Page 1 (click for full-sized version)

❑ On the top of the second page, type or write the plaintiff's and defendant's names and the Case number in Caption box.

❑ Check the box next to "The Court" next to "JUDGMENT IS ENTERED AS FOLLOWS BY:"

❑ Check the box next to 5a and type or write the plaintiff's and defendant names.

❑ Check the box next to paragraph 6a. Check the box next to 6a(1) and type or write the amount of damages demanded in your complaint. Note: This amount must be the same as the amount listed in item 2a on the Request for Entry of Default (CIV-100).

❑ Check the box next to 6a(2) and type or write the amount of interest. This amount should be the same as the amount listed in items 2c on the Request for Entry of Default. Skip 6a(3).

❑ Check the box next to 6a(4) and type or write the amount of costs expended (i.e. filing fees and process server's fees). This amount should be the same as the amount listed in items 2d and 7a-e on the Request for Entry of Default. If these fees were waived do not enter them.

❑ Your name and the defendant's name as they appear on the complaint

❑ In paragraph 6a(6) type or write the total of the amounts listed 6a(1), 6a(2), and 6a(4). This amount should be the same as the amount listed in item 2f on the Request for Entry of Default.

Proposed Judgment (JUD-100), Page 2 (click for full-sized version)

g) Serve Documents on Defendant

In Sacramento County the court requires a separate Proof of Service by Mail (POS-030) form to be completed by the person who mails the Request for Entry of Court Judgment to the defendant. This person must be over the age of 18 and not a party to your action. For instructions on how to fill out the Proof of Service by Mail, complete with sample forms, see our "Proof of Service by Mail" Step-by-Step guide at http://www.saclaw.org/pages/pos-mail.aspx.

h) Copying and Assembling

Make three copies of each:

Request for Dismissal of Doe Defendants (CIV-110 if applicable)
Request for Entry of Court Judgment (CIV-100)
Declaration in Support of Application for Default Judgment Pursuant to CCP§585(d)
Declaration re: Accrual of Interest
Proof of Service by Mail (POS-030)
(Proposed) Judgment (JUD-100)

In the Sacramento Superior Court, because documents are scanned into a computer, any multiple page original documents are left unstapled, while each copy is stapled. In courts that do not electronically scan, all are stapled, and the original is two-hole punched at the top of the page for insertion into a folder.

i) Filing

In Sacramento, Requests for Default Judgment are filed on the first floor of the Gordon D. Schaber Sacramento County Courthouse, located at 720 Ninth St. in downtown Sacramento. There is currently no fee for a request for entry of default or default judgment. Current fees are available on the Sacramento County Superior Court's website.

IF YOU HAVE QUESTIONS ABOUT THIS GUIDE, OR IF YOU NEED HELP FINDING OR USING THE MATERIALS LISTED, DON'T HESITATE TO ASK A REFERENCE LIBRARIAN.

AB 9/2011

revised 8/12 kb