How a default happens

After you are served with a civil complaint, you have a limited time to file a response. In California, this is typically 30 days from the date of service.

If you do not file a response by the deadline, the plaintiff's attorney can file a "Request for Entry of Default" with the court. The court clerk enters the default into the case record.

What entry of default means

Entry of default means you are no longer able to contest the claims in the complaint by filing a normal Answer. The case is now one-sided.

After default is entered, the plaintiff typically requests a default judgment. The court may grant this without a full hearing, simply based on the complaint and the plaintiff's declaration.

What a default judgment allows the plaintiff to do

Once a default judgment is entered, the plaintiff becomes a judgment creditor. This means they can pursue collection through methods including:

  • Bank account levy — seizing funds from your bank account
  • Wage garnishment — having a portion of your paycheck withheld
  • Property lien — placing a lien on real property you own

These actions require additional legal steps and filings — they do not happen automatically. But a default judgment makes them possible.

The best outcome: avoid default by responding

The easiest way to avoid a default judgment is to respond to the complaint before the deadline. Filing an Answer tells the court you are participating in the case.

An Answer does not mean you admit the debt or that the plaintiff wins. It simply keeps the case alive so you can contest the claims or reach a settlement.

If default may already exist

If you believe default may have already been entered against you, do not delay. You may have limited options and time is critical.

Consider contacting a licensed attorney immediately. A Motion to Vacate Default may be possible in some circumstances, but the grounds and deadlines are strict.

AnswerFirst's core product is designed for people who received a complaint and have not yet missed the deadline. If you've missed the deadline, see our missed-deadline guide.