A motion for default judgment is how you ask a court to rule in your favor when the defendant you sued never responded. Under Federal Rule of Civil Procedure 55, it happens in two stages: the clerk first records that the defendant failed to appear, and then a judge (or in some cases the clerk) enters the actual judgment.1Legal Information Institute. Federal Rules of Civil Procedure Rule 55 – Default; Default Judgment Most denied motions are not denied on the merits. They are denied because the filer skipped the first stage, filed defective proof of service, or left out a required affidavit.
Before You File
Two things have to be true before any court will consider a default judgment. The defendant must have been properly served, and the deadline to respond must have passed.
Proof That Service Was Done Right
In federal court, service follows Rule 4: personal delivery to the defendant, leaving the papers with a suitable adult at the defendant’s home, or delivery to an authorized agent. Federal courts also accept any service method valid under the law of the state where the court sits.2Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons State courts have their own rules that often overlap but sometimes differ in the details.
You prove service by filing an affidavit or proof of service signed by the person who delivered the papers. If that document is incomplete or shows a defective delivery method, the court will deny the default judgment no matter how clearly the defendant ignored the case.
The Response Window Has to Have Closed
In federal court, the defendant has 21 days from the date of service to file an answer or motion.3Legal Information Institute. Federal Rules of Civil Procedure Rule 12 That window stretches to 60 days if the defendant waived formal service under Rule 4(d), or 90 days if they were served outside the United States. State courts typically allow 20 to 30 days. Once the deadline passes with nothing filed, the defendant is in default and you can move forward.
Step One: Get the Clerk to Enter Default
This is the step people skip, and it is the single most common reason default judgment motions fail. You cannot ask a judge for judgment until the court clerk has first recorded on the docket that the defendant failed to respond. That record is called an entry of default, and it is a separate filing from the motion for judgment itself.
To get it, you file a short request for entry of default with the clerk, together with an affidavit or declaration showing when and how the defendant was served and confirming no response was filed. Many courts provide a preprinted form. The clerk checks the docket, confirms the absence of a response, and enters the default. Only then can you move to the next step.
Step Two: What Goes in the Motion Package
With the entry of default on the record, you prepare the motion itself. Requirements vary by court, but the core package in federal court and most state courts includes:
- The motion for default judgment, identifying the parties, referencing the entry of default already on file, and stating what relief you want.
- A supporting declaration or affidavit laying out the facts: when and how the defendant was served, that the response deadline passed, and what your damages are. Attach the proof of service as an exhibit if it is not already in the court file.
- Evidence of damages. If you are owed a specific dollar amount calculable from a contract, invoice, or promissory note, attach those documents. If damages are not fixed, be ready for a hearing where you present evidence.
- A military status affidavit (covered below).
- A proposed judgment: the draft order you want the judge to sign, specifying the damages, any accrued interest, and recoverable costs such as filing fees and service costs.
The Military Status Affidavit
The Servicemembers Civil Relief Act requires that before any court enters a default judgment, the plaintiff file an affidavit stating whether the defendant is on active military duty.4Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments This covers “any civil action or proceeding” where the defendant does not appear, so it applies in every court, federal and state.
If you cannot determine the defendant’s status, the affidavit must say so, and the court may require you to post a bond before entering judgment. If the defendant turns out to be a servicemember, the court must appoint an attorney to represent them before proceeding.5United States Courts. Servicemembers Civil Relief Act You can check status through the Department of Defense Manpower Data Center’s online verification tool. Leaving this affidavit out is one of the fastest ways to get your motion denied.
Filing and Serving the Motion
File the completed package with the clerk of the court where the lawsuit was originally filed. Most courts accept electronic filing; some still allow in-person or mail filing. Filing fees vary by court, and you can request a waiver if you cannot afford one.
Whether you have to serve the motion on the defendant depends on what they have done so far. In federal court, if the defendant never appeared in any way, you generally do not have to serve the motion on them.6Legal Information Institute. Federal Rules of Civil Procedure Rule 5 – Serving and Filing Pleadings and Other Papers If the defendant made any kind of appearance before defaulting, even filing a single document, you must serve them with written notice of the motion at least seven days before any hearing.1Legal Information Institute. Federal Rules of Civil Procedure Rule 55 – Default; Default Judgment State courts often require service regardless of whether the defendant appeared. The safest practice is to mail a copy to the defendant’s last known address and file a certificate of service, even when you think it is not technically required.
What the Court Does Next
What happens from here depends on what you are asking for.
Fixed-Amount Claims
If your claim is for a specific, calculable sum, like an unpaid loan balance or a contract amount, the clerk may be authorized to enter judgment without a hearing. Under Rule 55(b)(1), the clerk can do this when the claim is for a “sum certain,” the defendant never appeared, and the defendant is not a minor or someone lacking legal capacity. You submit an affidavit showing the amount due, and the clerk enters judgment for that amount plus costs.
Claims That Require a Hearing
For everything else, the motion goes to a judge. If your damages are not a fixed number, or if you are seeking non-monetary relief like an injunction, the judge will typically set a hearing where you present evidence of both liability and the amount owed. Some courts accept written declarations and exhibits instead of live testimony, but be prepared to testify. The entry of default establishes that the defendant is liable; it does not establish the amount, and the judge is not bound by the figure you requested.
Defendants Who Get Extra Protection
A court cannot enter a default judgment against a minor or a person lacking legal capacity unless that person is represented by a guardian or similar fiduciary who has appeared in the case. Default judgments against the United States or a federal agency face a higher bar: you must present evidence that satisfies the court. The government’s silence does not establish liability by itself.
When you have sued several defendants and only one defaults, you can seek a default judgment against that one alone. Courts are cautious here, because a judgment against the defaulting defendant could end up inconsistent with the outcome for defendants who are actively litigating. The judge may hold off on entering judgment against the defaulting party until the rest of the case is resolved.
Why Getting Every Step Right Matters
A default judgment is not necessarily final. If the defendant moves quickly, before the final judgment is entered, they can ask the court to set aside the entry of default by showing “good cause,” a relatively forgiving standard. After the final judgment, the defendant can still attack it under Rule 60(b) on grounds such as mistake, excusable neglect, fraud, or that the judgment is void for lack of jurisdiction.7Legal Information Institute. Federal Rules of Civil Procedure Rule 60 – Relief From a Judgment or Order Most of those motions must be filed within a year; a claim that the judgment is void has no fixed deadline.
The practical consequence: if your default judgment rests on shaky proof of service or a missing military status affidavit, the defendant has a real chance of getting it thrown out, sometimes years later. The protection against that is getting every procedural piece right the first time.