When a debtor fails to respond to a lawsuit, a creditor may be entitled to a default judgment. This powerful legal remedy allows creditors to skip trial and obtain a binding court order for the money owed. It is a highly effective strategy when the debtor ignores the legal process, cannot be located, or chooses not to defend the claim.
In this guide, we’ll explain what a default judgment is, when and how it applies, the legal steps involved, and what happens after the judgment is granted. We’ll also share jurisdiction-specific details for creditors pursuing default judgments in California, Oregon, and Washington. If you are a creditor navigating collections and enforcement, Tatman Legal is here to support you from complaint to collection.
What Is a Default Judgment?
A default judgment is a court order issued in favor of one party because the opposing party failed to take action in the case. Most often, this means a defendant did not respond to a lawsuit within the time permitted by law. Once granted, a default judgment gives the plaintiff (in this case, the creditor) the legal authority to pursue collection through methods like wage garnishment, bank levies, and property liens.
Why Do Debtors Default?
There are several reasons a debtor might fail to respond to a complaint:
- They never received the paperwork
- They believe the debt is uncollectible
- They are overwhelmed by financial or legal issues
- They think ignoring the lawsuit will make it go away
- They hope to delay consequences by avoiding court
Regardless of the reason, a missed deadline can open the door for creditors to request a default judgment.
Legal Prerequisites for Default Judgment
Before a court will grant a default judgment, specific conditions must be met. These requirements vary slightly by jurisdiction, but the core elements are consistent across most states.
1. Proper Service of Process
The creditor must prove the defendant was properly served with the complaint and summons. Service methods and deadlines are strict. Courts often require a signed proof of service from a licensed process server or sheriff.
2. Missed Response Deadline
The defendant must have failed to file an answer or otherwise respond within the time allowed. In most states, the deadline is 20 to 30 days from the date of service.
3. Entry of Default
The creditor must request that the clerk of the court enter a default into the record. This procedural step acknowledges that the defendant has not responded and is no longer allowed to participate in the case unless the default is set aside.
4. Motion or Request for Default Judgment
Once default is entered, the creditor can apply for a default judgment. This includes providing documentation that proves the amount owed, such as contracts, payment ledgers, interest calculations, and attorney declarations. Some courts require a hearing, while others may allow a judgment to be granted based on written submissions.
Step-by-Step Guide to Obtaining a Default Judgment
Here is a general roadmap for creditors seeking a default judgment:
Step 1: File the Complaint
The lawsuit must clearly state the facts, the legal basis for the debt, and the amount owed. Be specific and include any relevant documents such as promissory notes, service contracts, or invoices.
Step 2: Serve the Defendant
Arrange for formal service of process according to your state’s rules. Most courts require service by a professional process server or sheriff. After service, file a proof of service with the court.
Step 3: Wait for the Response Period
The countdown starts once service is complete. If the defendant fails to respond within the statutory time frame, they are in default.
Step 4: Request Entry of Default
File a request with the court to enter the defendant’s default. Attach your proof of service and a declaration confirming no response has been filed.
Step 5: File for Default Judgment
Submit a motion or application for default judgment. This includes:
- A statement of the total amount owed
- Supporting evidence (contracts, account history, interest, and fees)
- A declaration of non-military status (per the Servicemembers Civil Relief Act)
- A proposed judgment order
Step 6: Obtain the Judgment
If the court grants the motion, you will receive a signed judgment. This becomes an enforceable order.
Step 7: Enforce the Judgment
Creditors can now initiate enforcement actions, including wage garnishment, property liens, bank levies, and judgment debtor exams.
State-Specific Procedures: California, Oregon, and Washington
Each state has its own civil procedure rules that affect how default judgments are handled. Below is a breakdown for creditors in California, Oregon, and Washington.
California
Response Deadline: 30 calendar days after service
Entry of Default: Use Judicial Council Form CIV-100 (Request for Entry of Default)
Default Judgment Application: For sum certain debts, creditors may request the clerk to enter judgment without a hearing. For non-sum certain cases, such as breach of contract with unliquidated damages, a court hearing and evidence presentation may be required. The creditor must also file a Declaration of Non-Military Status and include interest calculations, attorney’s fees (if allowed by contract), and documentation of service.
Unique Feature: California permits default judgment based on written declarations in many cases, but judges often scrutinize service and damages carefully. Creditors must also provide a statement of damages in personal injury and wrongful death cases.
Renewal: Judgments are valid for 10 years and may be renewed for another 10-year period.
Oregon
Response Deadline: 30 days after service of the complaint
Entry of Default: Governed by Oregon Rules of Civil Procedure (ORCP) Rule 69. Plaintiff must file a Motion for Order of Default along with an affidavit of service and affidavit of non-response.
Default Judgment Application: If the claim is for a sum certain, the court may issue a judgment without a hearing. For non-sum certain cases, a hearing may be required for damages assessment. Creditors must also provide a sworn statement verifying the debt, documentation supporting the amount, and an affidavit that the defendant is not in military service.
Unique Feature: Oregon allows judgments to be enforced for 10 years and they can be renewed before expiration. Post-judgment interest accrues based on statutory rates or contractual terms.
Enforcement: Creditors can file writs of garnishment or execute on personal property once the judgment is entered.
Washington
Response Deadline: 20 days from date of service
Entry of Default: Governed by Washington Civil Rule (CR) 55. Creditors must file a motion for order of default and serve notice of the motion if the defendant has appeared informally (such as via phone or settlement negotiations).
Default Judgment Application: Clerk-entered default judgment is allowed for liquidated amounts. For other cases, creditors must appear before a judge. Supporting documents include affidavit of service, military affidavit, declaration of amounts owed, and proposed order.
Unique Feature: Washington courts often require additional scrutiny when default judgments are sought against pro se debtors. Notice of the default hearing may be required even if the defendant has not filed a formal answer but has communicated in some way.
Renewal: Judgments are enforceable for 10 years and can be renewed before expiration. Interest accrues at the rate set by the judgment or by statute.
After the Judgment: Enforcement Tools for Creditors
Once a default judgment is entered, creditors gain access to powerful enforcement mechanisms. These include:
Wage Garnishment
You may obtain a writ of garnishment directing the debtor’s employer to withhold a portion of wages.
Bank Account Levies
Creditors can serve a levy on the debtor’s bank account to seize available funds, subject to exemptions.
Property Liens
Filing a judgment lien allows you to attach real estate or personal property, which may be sold to satisfy the debt.
Judgment Debtor Exams
You can subpoena the debtor to appear in court and disclose assets and income. Failure to appear may result in sanctions or a bench warrant.
Common Pitfalls and How to Avoid Them
While the default judgment process may appear straightforward, creditors must proceed carefully to avoid common mistakes.
Improper Service
Service of process is the most common basis for setting aside default. Use a reliable process server and confirm that all documents are filed with the court properly.
Incomplete or Unsupported Documentation
Courts will not issue a judgment without proof of the amount owed. Include contracts, statements, and clear interest calculations. Use declarations under penalty of perjury when required.
Ignoring Notice Requirements
Even if the defendant hasn’t filed a formal response, they may be entitled to notice of default proceedings if they’ve had any contact with the court or creditor.
Missed Deadlines for Renewal
Judgments must be renewed before they expire, or enforcement rights may be lost. Calendar these deadlines early.
Can a Default Judgment Be Set Aside?
Yes, but the debtor must file a motion to vacate and show:
- A valid excuse for missing the deadline (such as illness, improper service, or mistake)
- A meritorious defense to the claim
Courts often favor giving parties their day in court, so creditors should prepare for potential challenges. However, strong documentation and proof of proper service go a long way in defending against these motions.
Why Creditors Trust Tatman Legal
At Tatman Legal, we work exclusively on behalf of creditors. We understand the importance of swift, enforceable judgments and the pitfalls that can derail the process. Our team:
- Prepares airtight complaints and supporting documents
- Ensures compliance with service and procedural rules
- Applies for and defends default judgments
- Enforces judgments aggressively through all available means
- Monitors renewal deadlines and interest accruals
Whether you operate in California, Oregon, Washington, or multiple states, Tatman Legal brings the regional knowledge and litigation experience creditors need to succeed.
Final Thoughts: Turn Silence Into Leverage
A debtor’s failure to respond to a lawsuit is not the end of the road — it is an opportunity. A default judgment allows you to convert that silence into legal leverage and move forward with collection efforts. But success depends on getting the process right.
With Tatman Legal, you have a team that knows how to pursue default judgments efficiently, enforce them decisively, and protect them from reversal. Let us help you take control of your case and maximize your recovery.
Ready to secure a default judgment? Contact Tatman Legal today to schedule a consultation