What if defendant later answers?

If a defendant files a timely motion to set aside default or files an answer after default, courts evaluate excusable neglect and meritorious defense standards. Federal practice references FRCP 55(c); state rules provide similar relief. Be prepared to oppose a vacatur with proof of willful delay where appropriate.

How should damages be proved?

Damages should be supported by sworn declarations, invoices, ledgers, and contracts. Courts typically require admissible evidence; bare assertions or unsworn summaries are often insufficient to establish the amount of monetary relief.

Is an electronic signature valid?

Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted. For consumer-facing records, follow ESIGN consumer disclosure requirements. Check state e-filing rules for any additional authentication needed.

What if proof of service is missing?

Lack of proper service usually defeats a motion for default judgment. Courts may deny the motion or require re-service and a new waiting period. Attach a complete affidavit or return of service to avoid this problem.

Can I submit a proposed order?

Yes. Courts expect a clear, judge-ready proposed order including the exact judgment language, amounts, and post-judgment remedies. This expedites clerk processing and judicial review.

How to contest a default judgment?

A party seeking relief from a default judgment may file a motion under FRCP 60(b) or state-equivalent rules alleging excusable neglect, fraud, or other grounds. Timeliness and a meritorious defense are critical to prevailing on such motions.

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Motion for Default Judgment

Motion for Default Judgment

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MOTION FOR DEFAULT
FOR FAILURE TO PLEAD
AND JUDGMENT FOR POSSESSION

JD-HM-10 Rev. 5-16

C.G.S. § 47a-26a, P.B. § 17-30

STATE OF CONNECTICUT
SUPERIOR COURT

www.jud.ct.gov

Instructions To Plaintiff (Landlord)

File (give) original with (to) the Clerk and mail or
deliver a copy to the defendant.

ADA Notice

The Judicial Branch of the State of Connecticut complies with the Americans with Disabilities Act (ADA). If you need a reasonable accommodation in accordance with the ADA, contact a court clerk or an ADA contact person listed at www.jud.ct.gov/ADA.

Judicial
District at

Housing
Session at

Geographical
Area
number

Address of Court

Docket number

Return date

Name(s) of Plaintiff(s) (Landlord(s))

Name(s) of Defendant(s) [Tenant(s) and/or Occupant(s)]

Motion

The plaintiff asks that the defendant(s) be defaulted for not filing an answer or other pleading within the required time period. The plaintiff also asks that, if the defendant(s) does not respond to this motion within three (3) days after it is filed, judgment for possession of the premises be entered for the plaintiff.

Signed

Date

Plaintiff/Plaintiff's Attorney

Certification

I certify that a copy of this document was or will immediately be mailed or delivered electronically or non-electronically on to all attorneys and self-represented parties of record and that written consent for electronic delivery was received from all attorneys and self-represented parties receiving electronic delivery.
Name and address of each party and attorney that copy was mailed or delivered to*

*If necessary, attach additional sheet or sheets with name and address which the copy was mailed or delivered to.

Signed (Individual attorney or self-represented party)

Print or type name of person signing

Mailing address

Telephone number

Judgment

For Court use only

File date

This motion was heard and is ordered:

Granted and judgment is made in favor of the plaintiff.

Denied.

By the Court (Judge/Assistant Clerk)

Date

Distribution: Original - Court File Copy 1 - Plaintiff Copy 2 - Defendant

MOTION FOR DEFAULT FOR FAILURE TO
PLEAD AND JUDGMENT FOR POSSESSION

What a Motion for Default Judgment Is and when it applies

A Motion for Default Judgment is a court filing a plaintiff submits after a defendant fails to respond to a complaint or otherwise defend the action within the time required by law. It asks the court to enter judgment without a trial based on the defendant's default and must show service, entitlement to relief, and often a calculation of damages. Federal practice follows Federal Rule of Civil Procedure 55; state courts use comparable rules. The motion typically includes a proposed order, affidavit of service, supporting evidence, and a clear statement of requested relief.

Why parties use a Motion for Default Judgment

A properly prepared motion lets a plaintiff obtain enforceable relief faster than a full trial, reduces litigation costs, and provides a clear basis for post-judgment collection or enforcement.

Typical parties who file or rely on this motion

Use depends on case type and court rules; many users consult local rules or counsel before filing.

Plaintiff attorneys pursuing uncontested claims for damages or specific performance in civil litigation.
Small business owners or vendors seeking judgment on unpaid invoices and breaches of contract.
Collection agencies and creditors who need a court judgment to pursue enforcement remedies.

Who signs and files the motion

Plaintiff Attorney

An attorney of record usually signs and files the Motion for Default Judgment and certifies compliance with service and local rules. The attorney prepares supporting affidavits and proposed orders, and may present the motion at a hearing if required by the court.

Pro Se Plaintiff

A self-represented plaintiff may prepare and sign the motion but must strictly follow court formatting, proof-of-service requirements, and local rules; courts often treat pro se filings less forgivingly, so careful preparation and verification are essential.

Step-by-step: preparing and filing the motion

Follow a clear sequence to establish default and justify the requested relief before the court.

01

Confirm Default: Verify the defendant failed to answer within the deadline under applicable rules.
02

Calculate Relief: Document damages, fees, and costs with supporting exhibits and sworn declarations.
03

Prepare Motion: Draft motion, proposed order, affidavit of service, and exhibits in court-approved format.
04

File and Serve: File with the clerk and serve the defendant per local rules; obtain certificate of service.

Digital workflow settings for online completion

Configure a document workflow so each required proof and field is collected before filing to reduce clerk rejections.

Field	Configuration
Signature Field	Set to signer type: attorney or pro se; require date field
Service Proof Attachment	Make file upload required for affidavit/return of service
Damage Calculation	Use a read-only calculation field linked to exhibits
Proposed Order	Include as editable file for judge's use or clerk processing

Digital signing and submission basics

Use eSubmission tools compatible with court e-filing portals and maintain certified copies for your client file.

File Formats: PDF and DOCX accepted by most courts
Audit Trail: Include timestamp, IP, and signer attribution
Integrations: Connectors to case management and cloud storage

How the Motion for Default Judgment proceeds in court

A concise sequence shows how a filed motion typically becomes an enforceable judgment.

Filing: Clerk accepts motion and attaches to docket
Clerk Entry: Clerk may enter default before judgment in appropriate cases
Hearing: Some courts schedule a hearing to evaluate damages and evidence
Judgment: Court signs judgment or issues order granting relief

Typical deadlines to track when pursuing default

Time-sensitive tasks determine when default may be entered and when motions must be filed or opposed.

Response Deadline:

Defendant's deadline to answer (varies; commonly 21–30 days)

Entry of Default:

Clerk may enter default once service proof and waiting period are confirmed

Motion Filing:

File motion for default judgment after default is entered or per local rule

Hearing Notice:

Provide hearing notice if the court sets a damages hearing

Post-Judgment Steps:

File writs or liens within statutory enforcement windows

Key milestones from complaint to judgment

Tracking milestones helps ensure procedural prerequisites are satisfied before seeking judgment.

01

Complaint Filed

Case commences when complaint is filed and stamped by the clerk.

02

Service Completed

Serve defendant and obtain sworn proof or return of service.

03

Default Entered

Clerk or court enters default if defendant fails to respond timely.

04

Judgment Entered

Court grants the motion and signs the judgment or order.

How a Motion for Default Judgment compares to a clerk's entry of default

Distinguish the procedural roles: the clerk's entry records default; the motion asks the court to convert that default into judgment.

Criteria	Motion for Default Judgment	Clerk's Entry of Default
When used	after default is entered	after defendant fails to respond
Who decides	judge (may hold hearing)	clerk (ministerial)
Proof required	evidence of damages	proof of service and default
Typical outcome	judgment with relief	record of defendant default

Common problems that delay or defeat a motion

Incomplete service records or failure to comply with local service rules often leads to denial or vacatur of default judgments.
Insufficient evidentiary support for damages—courts require sworn declarations, invoices, or affidavits rather than conclusory statements.
Incorrect caption, case number, or missing proposed order can cause clerks to return or reject the submission.
Attempting to obtain money judgment without following statutory preconditions for particular claims (tax, consumer, or foreclosure matters).

Essential items to include with the motion

Case Caption: Exact court and party caption

Service Proof: Affidavit or return of service

Damage Evidence: Invoices, receipts, sworn statement

Proposed Order: Judge-ready order for signature

Certificate of Service: Shows who was served and how

Signature Block: Name, signature, date, contact

Consequences of errors or omissions

Motion Denial: Court may deny for lack of proof

Judgment Vacatur: Default judgments can be set aside

Sanctions Risk: False statements may lead to sanctions

Enforcement Delay: Improper filings delay collection

Appeal Complexity: Errors make reversal more likely

Additional Costs: Extra filing and attorney fees

Practical tips for accurate and efficient motions

Follow drafting, proof, and service best practices to reduce risk of denial or vacatur and to speed court processing.

Verify Service and Timing

Confirm the defendant was served in strict compliance with the governing rule and that the statutory response period has expired. Attach a sworn proof of service and check local rule timing to avoid premature filing.

Support Damages with Evidence

Provide clear, itemized exhibits such as contracts, invoices, and sworn declarations that quantify each element of the relief requested. Unsupported estimates are often insufficient for default damages.

Use a Proposed Order

Include a judge-ready proposed order that reflects precise relief and entry language. Clerks and judges prefer a concise order that they can sign or edit directly.

Maintain Audit-Ready Records

Preserve signed copies, audit trails for electronic signatures, and service certificates in your client file to support enforcement actions and resist motions to vacate.

Representative examples showing how motions are used

Two concise examples illustrate typical factual patterns where a Motion for Default Judgment is effective.

Small Landlord Recovery

A landlord files a complaint and serves a tenant who fails to appear.

No answer is filed within the response period.
The landlord submits a Motion for Default Judgment with lease, unpaid rent ledger, and affidavit of service; the court enters judgment permitting collection and garnishment if necessary.

Unpaid Invoice for Services

A vendor sues for an unpaid commercial invoice and serves the debtor.

The debtor does not respond.
The vendor files a motion with the contract, invoice copies, and sworn damages calculation; the court awards the requested sums and post-judgment interest under applicable statute.

Frequently asked questions about default judgment practice

Answers to common procedural and evidence questions that arise when preparing or opposing a Motion for Default Judgment.

Need help? Contact support

What if defendant later answers?
If a defendant files a timely motion to set aside default or files an answer after default, courts evaluate excusable neglect and meritorious defense standards. Federal practice references FRCP 55(c); state rules provide similar relief. Be prepared to oppose a vacatur with proof of willful delay where appropriate.
How should damages be proved?
Damages should be supported by sworn declarations, invoices, ledgers, and contracts. Courts typically require admissible evidence; bare assertions or unsworn summaries are often insufficient to establish the amount of monetary relief.
Is an electronic signature valid?
Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted. For consumer-facing records, follow ESIGN consumer disclosure requirements. Check state e-filing rules for any additional authentication needed.
What if proof of service is missing?
Lack of proper service usually defeats a motion for default judgment. Courts may deny the motion or require re-service and a new waiting period. Attach a complete affidavit or return of service to avoid this problem.
Can I submit a proposed order?
Yes. Courts expect a clear, judge-ready proposed order including the exact judgment language, amounts, and post-judgment remedies. This expedites clerk processing and judicial review.
How to contest a default judgment?
A party seeking relief from a default judgment may file a motion under FRCP 60(b) or state-equivalent rules alleging excusable neglect, fraud, or other grounds. Timeliness and a meritorious defense are critical to prevailing on such motions.

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