How do I request a default file?

In California, the entry of default is not automatic. To get the entry of default, the plaintiff must file an application for default judgment with the court clerk. Under certain circumstances, a Code of Civil Procedure section 425.11 statement of damages and a proof of service attached.

What is a request to enter a default?

A request for default is filed in an adversary case and is filed by the plaintiff against the defendant when the defendant has failed to answer the complaint, plead or defend. An entry of default must be entered prior to a default judgment being entered.

What happens when you enter default?

Once a default is entered, the defendant is no longer able to file a response or otherwise participate in the case. 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.

When does a court enter a clerk’s default?

This type of default is entered by the Clerk ONLY when the defaulting party has filed absolutely nothing with the Court. A Clerk’s default alone is not a judgment, but just represents that the opposing party has failed to answer within the proscribed time.

What do you need to do before you can collect on a default?

To effect an entry of default by the clerk where your opponent has failed to respond to your complaint, you need to (1) notify the clerk of the defendant’s default and (2) request that the clerk enter the default in the docket, with the filing of an Application or a Request for Certificate of Default.

When to file a request to enter default?

As explained in the first question, nothing automatically happens after the 30 days and the Petitioner needs to file the Request To Enter Default. But this form is handled differently than other forms that are filed because it needs to be approved by the default clerk and this takes time.

What happens if a party in default files a paper?

If a party in default files any paper after the default is entered, the clerk shall notify the party of the entry of the default. The clerk shall make an entry on the progress docket showing the notification.

What happens if the clerk enters a default?

If it does, the clerk must enter the default. The clerk’s entry of default does not determine the party’s rights or remedies, and does not guarantee that the court will give you a default judgment. It simply prohibits the defaulting party from answering or contesting liability unless he can successfully vacate the default.

When does a default judgment enter into default?

Default; Default Judgment (a) ENTERING A DEFAULT. (1) In General. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, the clerk or the court must enter the party’s default. (2) Effective Date of Default; Motion by Defendant.