Sacramento County Public Law Library
& Civil Self-Help Center
609 9th Street
Sacramento, CA 95814
(916) 874-6012
www.saclaw.org
REQUEST A DEFAULT JUDGMENT BY THE CLERK
Ask the Clerk Find in Your Favor
because the Other Side Didn’t Respond
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.
FORMS
The Judicial Council and Local Sacramento County forms commonly used in this
procedure are:
• Request for Dismissal (CIV-110) www.courts.ca.gov/documents/civ110.pdf
• Request for Entry of Default (CIV-100) www.courts.ca.gov/documents/civ100.pdf
• Declaration re: Accrued Interest (MC-030) www.courts.ca.gov/documents/mc030.pdf
• Judgment by Default by Clerk (CV/E-121) www.saccourt.ca.gov/forms/docs/cv-121.pdf
BACKGROUND
A defendant has 30 days from the date he or she is personally served with your
summons and complaint to file a written response (California Code of Civil Procedure
(CCP) § 412.20(a) (3)). The end of the 30 days is not an automatic cut-off; the court will
still accept a response from the defendant after 30 days, unless the plaintiff files a
request for default. Once a default is entered, the defendant is no longer able to file a
response or otherwise participate in the case. The plaintiff may also ask to have a
judgment entered in his or her favor. This is known as requesting a default judgment.
In breach of contract cases where the specific monetary amount desired is requested in
the complaint, a default judgment may be entered by the clerk, rather than by the judge.
If the monetary amount desired is not specified, or if a judge needs to rule on any other
issue raised in the complaint, you must request a default judgment by the court, which
requires additional forms and is not covered in this Guide. For more information, see the
Step-by-Step guide on how to Request a Default Judgment by the Court on our website
at www.saclaw.org/pages/default-court.aspx.
Step-by-Step Instructions
STEP 1: MAKE SURE YOU’VE MET THE REQUIREMENTS FOR A DEFAULT
The defendant has 30 days from the date of personal service to file his or her response.
If the defendant was served by substituted service, service is considered complete on
the 10th day after the follow-up mailing required to complete substituted service (CCP §
415.20(a)), so, as a practical matter, the default cannot be taken until more than 40
days have passed after this mailing. You must wait until the defendant’s time to respond
has passed before you file your request for default. The 30 days starts the day after
personal service (or after substituted service is considered complete). If the 30th day
falls on a weekend or holiday, the defendant has until the next business day to file a
response. You may not file your request for default until the 31st day.
Additionally, if your lawsuit is based upon a retail installment contract subject to the
Unruh Act (Civil Code (Civ) § 1812.10), on a financed automobile subject to the ReesLevering Motor Vehicle Sales and Finance Act (Civ § 2984.4), or on a loan or other
extension of credit primarily for personal or household use (CCP § 395(b)), you must
either verify your complaint or file and serve a declaration of venue.
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 page of our website at
www.saclaw.org/pages/forms-page.aspx.
IMPORTANT! Default judgments by the clerk are only available in breach of contract
cases where the complaint specifies the amount of money owed on a specific date. If
you are requesting another type of judgment, you cannot use this procedure. You will
need to ask for a default judgment by the court, rather than by the clerk. Information is
available from the Step-by-Step guide on how to Request a Default Judgment by the
Court on our website at www.saclaw.org/pages/legal-research-guides.aspx.
STEP 2: DECIDE HOW YOU WISH TO PROCEED
Obtaining a default judgment involves two steps: the request for entry of default and the
request for entry of clerk judgment. These steps both use the same form, so it is
possible to request both at the same time, or these steps may be done at different
times. There are benefits to both methods; you will need to choose the method that best
suits your situation.
Request for Entry of Default. This request cuts off the defendant’s ability to file a
response to the lawsuit. You may want to do this step alone if you have multiple
defendants, and you are not yet able to claim a default against some of them. You
cannot obtain a default judgment until you have either obtained default against, or
dismissed, all other defendants. Some litigants also file this step alone if they are not yet
ready to file the judgment paperwork.
Request of Entry of Clerk Judgment. This step may be taken at the same time as
your request for entry of default, or at a later date. With this step, you are asking the
2
clerk to enter a judgment in your favor. Most litigants request a clerk judgment at the
same time as the request for entry of default, since the additional paperwork is fairly
simple. For the purposes of this guide, we will assume you are filing both steps
simultaneously.
STEP 3: COMPLETE THE NECESSARY FORMS
Instructions for completing the necessary forms are included at the end of this packet.
The forms needed for a default judgment by clerk are:
• Request for Dismissal (CIV-110) (if you listed any “Doe” defendants in your complaint)
• Request for Entry of Default (CIV-100)
• Declaration re: Accrual of Interest (MC-030). See Step 4 for more information.
• Judgment by Default by Clerk (CV/E-121)
Note: Judgment by Default by Clerk (CV/E-121) is a Sacramento County local form,
which cannot be used in other courts. If you are filing in a court other than Sacramento
County, use Judgment (JUD-100) instead.
STEP 4: COMPLETING YOUR DECLARATION RE: ACCRUAL OF INTEREST
To obtain any pre-judgment interest you claimed in your Complaint, you will need to
prepare a declaration to the court, detailing the amount of prejudgment interest owed,
and showing how you calculated that amount. You may use Declaration (MC-030) for
this declaration. A sample is included in this Guide, which you can adapt to fit your own
facts and circumstances.
In breach of contract cases, pre-judgment interest will accrue at the rate of interest
specified in the contract; if no rate is specified, interest will accrue at 10% per year.
Civ § 3287(c) caps pre-judgment interest in cases against a government entity at 7%
per year.
To calculate your pre-judgment interest, you will need to determine the daily rate of
interest and multiply that by the number of days for which interest should accrue. For
example, if a loan of $15,000 with a 10% interest rate was breached 200 days ago, the
calculation of prejudgment interest would be:
$15,000 x 10% = $1500 interest per year
$1500 ÷ 365 = $4.11 interest per day
$4.11 x 200 = $822 prejudgment interest
You may use the judgment calculator at www.thelegalprocess.com/judgmentcalculator.htm
to determine the amount of interest. When using this calculator, enter the date the contract
was breached in the field for “date judgment entered.” This will calculate interest from that
date to the date you run the calculation. The calculator will show you the daily interest rate,
which you can use if you need to adjust your calculations.
STEP 5: COPYING AND ASSEMBLING
Make three (3) copies of each:
• Request for Dismissal of Doe Defendants (CIV-110, if applicable)
3
•
•
•
Request for Entry of Default (CIV-100)
Declaration re: Accrual of Interest (MC-030)
Judgment by Default by Clerk (CV/E-121)
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.
STEP 6: HAVE YOUR DOCUMENTS SERVED
You must have someone over the age of 18 who is not a party in the case mail a set of
the photocopies you made in Step 5 to the defendant. This person must then complete
a Proof of Service by Mail (POS-030). Make two photocopies of the signed proof of
service. See the Step-by-Step guide on Serving Documents by Mail on our website at
www.saclaw.org/pages/pos-mail.aspx for more information.
STEP 7: FILE YOUR DOCUMENTS
You must file the original documents and the two (2) remaining photocopies of:
• Request for Dismissal of Doe Defendants (CIV-110, if applicable)
• Request for Entry of Default (CIV-100)
• Declaration re: Accrual of Interest (MC-030)
• Judgment by Default by Clerk (CV/E-121)
• Proof of Service (POS-030)
If you did not include a copy of your written agreement with your complaint when you
began this lawsuit, you will need to provide a copy to the court, with a cover page that
includes the caption of the case. You may use Declaration (MC-030), available at
www.courts.ca.gov/documents/mc030.pdf, for your coversheet. A sample is at the end
of this Guide.
When you file your request for entry of default, whether as a stand-alone document or
along with a request for judgment, Sacramento County Local Rule 2.34(c) requires you
to submit either the original Summons (SUM-100) and Proof of Service (POS-010) (if
you have not yet filed those), or filed endorsed (stamped) copies of those documents if
there were previously filed. If you do not have filed endorsed copies of these
documents, you may download them from the court’s fee-based Public Case Access
System, accessible online at www.services.saccourt.ca.gov/PublicCaseAccess/, or for
free at the kiosks at the courthouse.
Your documents will be filed in the drop box in Room 102 in the Sacramento Superior
Court at 720 Ninth Street. Fill out and attach the Civil Document Drop-Off Sheet
(www.saccourt.ca.gov/forms/docs/cv-drop-off-sheet.pdf), and date stamp the back of
the original packet. A supply of Civil Document Drop-Off Sheets and a date stamp are
located near the drop box. Following the instructions posted at the drop box, place the
unstapled original document packet plus two copies of the packet in the drop box. When
filing, you will need a self-addressed stamped envelope with enough postage to mail
your documents back to you.
4
Although the court cannot tell you when your default will be processed, the court
publishes each week a list of dates that they have reached in processing particular
document types. You may see this list at www.saccourt.ca.gov/civil/civil.aspx.
STEP 8: SERVE JUDGMENT
If approved, the court will mail you a signed copy of your judgment. Make one
photocopy of this judgment, and have it served on the defendant. You must have
someone over the age of 18 who is not a party in the case mail a copy of the judgment
to the defendant. This person must then complete a Proof of Service by Mail (POS030). Make a photocopy of the signed proof of service, and file it with the court. See the
Step-by-Step guide on Serving Documents by Mail on our website at www.saclaw.org/
pages/pos-mail.aspx for more information.
FOR HELP
Sacramento County Public Law Library Civil Self-Help Center
609 9th Street, Sacramento 95814
www.saclaw.org/pages/civil-self-help-center.aspx
Services Provided: The Sacramento County Public Law Library Civil Self-Help Center
provides general information and basic assistance to self-represented litigants on a variety
of civil legal issues. Appointments will be made beginning at 8:30 a.m. Patrons who are
present at 8:30 a.m. will be entered into a random drawing to determine the order their case
will be evaluated. If an appointment is appropriate, it will be made for later in the day. You
are encouraged to arrive by 8:25 a.m. to participate in the appointment setting drawing.
Eligibility: Must be a Sacramento County resident or have a case in the Sacramento County
Superior Court.
FOR MORE INFORMATION
At the Law Library:
Win Your Lawsuit KFC 968 .Z9 D86 (Self Help) Chap. 9
Electronic Access: From any computer (Library or home) via the Legal Information
Reference Center. Instructions are available on our website at www.saclaw.org/pages/
nolo-ebooks.aspx.
California Forms of Pleading and Practice KFC 1010 .A65 C3 (Ready Ref)
Chap. 165
Electronic Access: On the Law Library’s computers, using the Matthew Bender CD.
California Civil Procedure Before Trial KFC 995 .C34 Chap. 38
Electronic Access: On the Law Library’s computers, using OnLaw.
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.
H:\public\LRG-SBS\SbSs\sbs Default Judgment by Clerk\SbS Default Judgment by Clerk SbS.docx
5
Revised EN 3/2014
Revised mpj 8/14
Your name, address, and phone
number. “In Pro Per” means you
are representing yourself.
Court name, address,
and branch.
Your name and the defendant’s name
as they appear on the complaint.
Case Number
Check “Without prejudice.” This means that you
could re-file your case against this defendant if
necessary. “With prejudice” would prevent you from
re-filing in the future.
Check “Other” and “DOES 1 to x ONLY”
Check if your court fees were waived, and if so,
complete declaration on the second page of this form.
Sign and check “Plaintiff”
Print your name
and date; check
“Party Without
Attorney”
You will use this form to dismiss
any Doe defendants you listed in
your complaint. If you did not list
any Doe defendants, you do not
need this form.
6
Your name and the defendant’s name as they appear on the complaint
Case Number
Name of person whose fees were waived
Mark box 2a
Signature
Print name and date; check “Party Making Declaration
If your filing fees were waived, you
must complete this page of the form.
If your fees were not waived, you do
not need to complete the second
page of this form.
7
Your name, address, and phone
number. “In Pro Per” means you
are representing yourself.
Court name, address,
and branch.
Date your complaint
was filed; Your name
exactly as it appears
on the Complaint.
Your name and the defendant’s name
as they appear on the complaint.
Case Number
Check “Entry of Default” and/or “Clerk Judgment,”
depending on what you are requesting.
If requesting only a default, check box next to 1c and insert
name of defendant(s). If requesting only a judgment, check box
next to 1e and 1e(2). If asking for both, check 1c, 1e and 1e(2).
If asking for a
judgment, enter
the amounts you
are requesting. If
not asking for a
judgment at this
time, leave these
blank.
Signature
Print Name and Date
8
Your name and the defendant’s name as they appear on the complaint
Case Number
Check “did not”
Check
appropriate
boxes in
5a, b, and c
Check box next to 6b and insert date of mailing,
name of defendant, and address where served.
Print name and date
Signature
Amount paid for
filing and
process server
fees; total
Print name and date
Signature
Print name and date
Signature
Check box, unless the defendant is in the military. If the defendant is on
active military duty and has not responded to your complaint, the court must
appoint an attorney to represent the defendant before the case can proceed.
9
Your name, address, and phone
number. “In Pro Per” means you are
representing yourself.
Court name, address,
and branch.
Your name and the defendant’s name
as they appear on the complaint.
Case Number
Print name and date
Signature and mark box
10
Your name, address, and phone
number. “In Pro Per” means you
are representing yourself.
Court name, address,
and branch.
Your name and the defendant’s name
as they appear on the complaint.
Case Number
If you did not include a copy of your
written agreement with your complaint
when you began this lawsuit, you will
need to provide a copy to the court.
You may use this form as a cover page
for the contract.
Your name and date
Signature
11
Your name, address, and phone
number. “In Pro Per” means you
are representing yourself.
Case Number
Short title of the case, usually
the parties’ last names.
The amount of any payments
received since the lawsuit was filed.
Your name and the
defendant’s name as
they appear on the
complaint.
Enter the amounts
as appropriate.
These should match
the amounts listed
on Request for Entry
of Default (CIV-100).
12