What Is a Default Judgment?

A default judgment is a judgment entered against a defendant who fails to file a timely response to a complaint. In California, a defendant generally has 30 days after being served with the summons and complaint to file an answer, demurrer, or other responsive pleading. If the defendant fails to do so, the plaintiff may request entry of the defendant's default and, ultimately, obtain a judgment without a trial on the merits.

Concrete example: A Santa Clara County business is sued for an unpaid invoice and, believing the claim to be meritless, ignores the summons entirely rather than filing a response. Thirty-five days later, the plaintiff requests entry of default. Because the amount is a liquidated sum stated in the contract, the plaintiff obtains a default judgment — including interest and costs — without ever appearing before a judge. The business now owes the full judgment and must move quickly to determine whether grounds exist to have it set aside.

"A default judgment is not a judgment on the merits — it is a consequence of not responding. That distinction matters enormously when evaluating whether it can be undone."

How a Default Judgment Is Entered in California

Entering a default judgment in California is a two-step process. First, once the defendant's time to respond has expired, the plaintiff requests entry of default from the court clerk. Second, the plaintiff must apply for entry of judgment. The procedure for this second step depends on whether the claim is for a liquidated sum — a specific, calculable amount, such as an unpaid contract balance — or an unliquidated claim, such as damages for personal injury or breach of a contract without a fixed price term.

For liquidated claims, the clerk can often enter judgment directly based on the plaintiff's declaration. For unliquidated claims, the plaintiff typically must submit a request for a court judgment supported by a declaration or, in some cases, present evidence at a default prove-up hearing before a judge.

Setting Aside a Default Judgment Under CCP Section 473

California Code of Civil Procedure section 473 allows a defendant to move to set aside a default judgment on grounds of mistake, inadvertence, surprise, or excusable neglect. This motion must generally be filed within a reasonable time, not to exceed six months after the judgment was entered. Courts apply a policy favoring resolution of cases on their merits, and relief under section 473 is often granted where the defendant acted diligently once discovering the default.

Section 473 also provides for mandatory relief, without regard to the underlying reason, where the default resulted from the attorney's own mistake, inadvertence, surprise, or neglect and the attorney submits an affidavit accepting responsibility — a provision intended to prevent an innocent client from bearing the consequence of their attorney's error.

The Extrinsic Fraud Exception

When the six-month deadline under section 473 has passed, a defendant may still have a remedy if the default judgment was obtained through extrinsic fraud or extrinsic mistake — circumstances that prevented the defendant from having a fair opportunity to appear and defend the case at all. Improper service of the summons and complaint, where the defendant never actually received notice of the lawsuit, is a common basis for this equitable exception. A motion based on extrinsic fraud is not subject to the same strict six-month deadline, though it still must be brought within a reasonable time after discovery.

Enforcing and Being Subject to a Default Judgment

Once entered and no longer subject to being set aside, a default judgment is enforceable in the same manner as any other California civil judgment. Common enforcement tools include wage garnishment, levies against bank accounts, and judgment liens recorded against real property owned by the judgment debtor.

Before pursuing a default judgment, a plaintiff should realistically assess the defendant's ability to satisfy the judgment — a judgment against a defendant with no attachable assets may have limited practical value. McLellan Law Group represents clients in Saratoga, San Jose, Cupertino, Los Gatos, and throughout Silicon Valley and Santa Clara County in both obtaining and challenging default judgments.

Frequently Asked Questions