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Request for Entry of Default

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JUDGMENT

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):

TELEPHONE NO.:

FAX NO. (Optional):

E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PLAINTIFF:

DEFENDANT:

CASE NUMBER:

JUDGMENT

1. BY DEFAULT

a. Defendant was properly served with a copy of the summons and complaint.

b. Defendant failed to answer the complaint or appear and defend the action within the time allowed by law.

c. Defendant's default was entered by the clerk upon plaintiff's application.

d. Clerk's Judgment (Code Civ. Proc., § 585(a)). Defendant was sued only on a contract or judgment of a court of this state for the recovery of money.

e. Court Judgment (Code Civ. Proc., § 585(b)). The court considered:

(1) plaintiff's testimony and other evidence.

(2) plaintiff's written declaration (Code Civ. Proc., § 585(d)).

2. ON STIPULATION

a. Plaintiff and defendant agreed (stipulated) that a judgment be entered in this case. The court approved the stipulated judgment and

b. the signed written stipulation was filed in the case.

c. the stipulation was stated in open court the stipulation was stated on the record.

3. AFTER COURT TRIAL. The jury was waived. The court considered the evidence.

a. The case was tried on (date and time):

before (name of judicial officer):

b. Appearances by:

Plaintiff (name each):

Plaintiff's attorney (name each):

Defendant (name each):

Defendant's attorney (name each):

c. Defendant did not appear at trial. Defendant was properly served with notice of trial.

d. A statement of decision (Code Civ. Proc., § 632) was not was requested.

4. JUDGMENT IS ENTERED AS FOLLOWS BY:

THE COURT THE CLERK

5. Parties. Judgment is

a. for plaintiff (name each):

and against defendant (names):

b. for defendant (name each):

c. for cross-complainant (name each):

and against cross-defendant (name each):

d. for cross-defendant (name each):

6. Amount.

Defendant named in item 5a above must pay plaintiff on the complaint:

(1) Damages

(2) Prejudgment interest at the annual rate of

(3) Attorney fees

(4) Costs

(5) Other (specify):

(6) TOTAL

Cross-defendant named in item 5c above must pay cross-complainant on the cross-complaint:

(1) Damages

(2) Prejudgment interest at the annual rate of

(3) Attorney fees

(4) Costs

(5) Other (specify):

(6) TOTAL

b. Plaintiff to receive nothing from defendant named in item 5b.

Defendant named in item 5b to recover costs $ and attorney fees $

d. Cross-complainant to receive nothing from cross-defendant named in item 5d.

Cross-defendant named in item 5d to recover costs $ and attorney fees $

7. Other (specify):

Date:

JUDICIAL OFFICER

Date:

Clerk, by

, Deputy

CLERK'S CERTIFICATE (Optional)

I certify that this is a true copy of the original judgment on file in the court.

Date:

Clerk, by , Deputy
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What the Request for Entry of Default Is and When it’s Used

A Request for Entry of Default is a court filing submitted by a plaintiff when a defendant fails to respond or appear within the time allowed by statute or court rule. It asks the clerk to record the defendant as in default so the plaintiff can pursue a default judgment or other relief. The form typically cites the case caption, proof of proper service, the statutory deadline missed, and a proposed judgment or relief. This procedural filing begins the post-service phase of litigation in many U.S. civil courts.

Why a Clear, Complete Request Matters

A properly prepared Request for Entry of Default speeds case resolution, preserves entitlement to remedies, and reduces the risk a clerk rejects the filing. It documents service, the missed deadline, and the relief sought so the court can act without further briefing.

Why a Clear, Complete Request Matters

Who Commonly Prepares and Files This Request

Typical filers include plaintiffs, plaintiffs’ counsel, collections attorneys, and court clerks who docket the entry of default.

  • Plaintiffs and their attorneys preparing default paperwork for judgment or consent remedies.
  • In-house legal teams and collections firms seeking prompt enforcement of unpaid obligations.
  • Court clerks and judicial staff verifying procedural prerequisites before clerks enter default.

Pro se litigants also use this form; accuracy in service proof and deadlines is especially important for self-represented parties.

Who Can Sign and File the Request

Attorney of Record

An attorney admitted in the jurisdiction or appearing pro hac vice may sign and file the request on the plaintiff’s behalf and certifies that service and timing requirements are satisfied.

Self-Represented Party

A litigant representing themselves may sign and file; courts expect the same accuracy and supporting proof as filings made by counsel, and errors may lead to denial or set-aside motions.

Core Components of a Professional Request for Entry of Default

A complete request is short but exact; include the case caption, service proof, the statute or rule violated, a proposed judgment or relief, and the signature block of the filer.

Case Caption

Full court name, case number, and party names exactly as they appear on the complaint and docket.

Service Proof

Affidavit or certificate showing who served the defendant, method, date, and compliance with the governing rule.

Default Basis

Concise citation to the rule or statute and a factual statement that the defendant failed to plead or appear within the allowed period.

Requested Relief

Clear statement of the relief sought—monetary figures, injunctive language, or a request for a default judgment hearing date.

Signature Block

Signed by the attorney or party with date, address, phone, and bar number where applicable.

Proposed Order

A draft order for the clerk or judge to sign that mirrors the requested relief and includes entry instructions.

Required Information to Include on the Form

Court Name: Exact court and division name
Case Number: Docket number assigned by clerks
Party Names: Plaintiff and defendant legal names
Service Date: Date defendant was served
Proof Attached: Affidavit or certificate of service
Relief Requested: Specific damages or relief amount

Step-by-Step: Preparing and Filing a Request for Entry of Default

Follow these core steps to prepare a defensible request and minimize risk of rejection or later vacatur.

  • 01
    Confirm Service: Ensure valid service occurred and is documented
  • 02
    Draft Request: State the basis and relief sought concisely
  • 03
    Attach Proof: Include affidavit and any required exhibits
  • 04
    File and Serve: File with the clerk and serve opposing party per rules

How to Prepare and Route the Request in an Online Filing Workflow

A simple digital workflow reduces clerical errors: prepare the document, attach proof, set recipient list, and configure filing options before submission.

Document Upload PDF request and proposed order
Attachments Attach affidavit of service and exhibits
Recipients Clerk + opposing counsel/email addresses
Filing Options Select e-file or manual file per court
Retention Store signed copy with audit trail

Where to File and How the Clerk Processes the Request

Filing location and process depend on court rules; this sequence outlines typical clerk handling after submission.

  • Prepare Filing: Complete request and proposed order
  • Submit to Clerk: E-file or file in person according to local rules
  • Clerk Review: Clerk confirms service proof and form completeness
  • Entry: Clerk records default or sets hearing timeline

Digital Signing and eSubmission Considerations

Use a platform that supports court filing formats, audit trails, and secure signer authentication when e-signing or e-filing the request.

  • File Formats: PDF and DOCX widely accepted
  • Integrations: Connects with case management and storage
  • Security: Encryption and tamper-evident audit trail

Confirm the court accepts electronically signed filings and follow local e-filing rules; retain an immutable audit trail for disputes.

Typical Deadlines and Timing Expectations

Timing requirements vary by jurisdiction; follow the applicable civil procedure rule and local court calendar when calculating deadlines for default entry.

Service Response Period:

Usually 20–30 days; consult the governing rule

Time to Request Default:

File after the defendant’s response period expires

Clerk Processing:

Processing may take days to weeks depending on court

Default Judgment Hearing:

Hearing may be scheduled for damages assessment

Post-Entry Motions:

Motions to set aside often must be filed promptly

Key Milestones From Service to Default Judgment

Track these milestones to preserve rights and ensure timely entry of default and any subsequent judgment.

01

Service Completed

Defendant is served and the service date is recorded

02

Response Period Expires

Statutory or rule-based deadline for answer or appearance

03

Request Filed

Plaintiff files the Request for Entry of Default with proof

04

Clerk Enters Default

Clerk records default or schedules a damages hearing

Common Errors That Cause Rejection or Delay

  • Failing to attach a signed affidavit of service that precisely matches the service date and method.
  • Using inconsistent party names or an incorrect case number, which leads to misfiling or administrative rejection.
  • Requesting relief without a proposed order or without clear, itemized damages, prompting additional briefing.
  • Filing before the response period expires or without checking local rules for required waiting periods.

Consequences of an Improper or Premature Request

Request Denied: Clerk or judge may refuse entry
Sanctions Risk: Court may impose procedural sanctions
Default Vacated: Defendant may have default set aside
Fee Loss: Court costs or bond requirements may apply
Delay in Relief: Additional briefing and hearings required
Appeal Exposure: Faulty entries increase appellate risk

eSignature Pricing and Feature Snapshot for Filing and Signing

Platform pricing and capabilities vary; this high-level comparison shows starting prices, trial availability, bulk send capability, audit trails, and HIPAA support.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Real-World Scenarios Where a Request for Entry of Default Is Used

These examples show common fact patterns and how the request fits into the resolution timeline.

Small Law Firm Collection

A creditor files suit and serves the defendant but receives no response after statutory period

  • The firm files a Request for Entry of Default
  • The clerk enters default, enabling a damages hearing to determine unpaid principal, interest, and court costs with minimal further briefing.

Landlord Eviction Proceeding

A landlord serves a tenant with complaint and summons but tenant fails to respond

  • The landlord prepares the request with a lease ledger attached
  • Entry of default allows the landlord to seek possession and a monetary award according to lease terms and local eviction procedures.

Frequently Asked Questions About Request for Entry of Default

Answers to common procedural and practical questions about preparing, filing, and defending against requests for default entry.


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