A motion for default judgment is how a plaintiff finishes a lawsuit when the defendant never answers. The work happens in two stages: first the clerk formally records the defendant’s failure to respond (the “entry of default”), then the court enters a judgment awarding money or other relief. Courts routinely deny these motions over paperwork problems even when the defendant plainly ignored the case, so the sequence and the supporting documents matter as much as the fact of the defendant’s silence.
Confirm the Defendant Is Actually in Default
Two things have to be true before you file anything. The defendant was properly served, and the response deadline passed with no filing.
Proper service in federal court means complying with Federal Rule of Civil Procedure 4, which requires the summons to warn the defendant that failing to appear will result in a default judgment.1Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons State courts have their own service rules, but the underlying requirement is the same: formal, provable notice.
The response window depends on the court and the method of service. A defendant personally served in federal court has 21 days to answer or file a pre-answer motion. A defendant who waives formal service gets 60 days from when the waiver request was sent.1Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons State deadlines generally run 20 to 30 days. Once the window closes without a filing, the defendant is technically in default.
Get the Clerk’s Entry of Default First
The entry of default is a separate step from the motion for default judgment, and skipping it is a common reason motions get bounced. You file a request with the clerk, backed by an affidavit showing the defendant was served and never responded. Under Federal Rule of Civil Procedure 55(a), once that showing is made, the clerk must enter the default.2Legal Information Institute. Federal Rules of Civil Procedure Rule 55 – Default; Default Judgment
Entry of default locks the defendant out of filing a late answer. It does not award you anything. It is the court formally acknowledging the silence so you can ask for the actual remedy.
Assemble the Supporting Documents
Once default is entered, the motion itself goes in with a packet of sworn documents. Judges want specific, verifiable paperwork on every element they need to rule.
- Proof of service, showing how and when the summons and complaint reached the defendant.
- A sworn declaration confirming the defendant never filed an answer or any other response after the deadline.
- A military status affidavit stating whether the defendant is on active duty, or that you could not determine the defendant’s military status. Federal law requires this before any default judgment can be entered.3Office of the Law Revision Counsel. 50 USC 3931 – Default Judgments
- A damages affidavit for any money claim, with a breakdown of the amount owed and the records behind it, such as invoices, contracts, or account statements.
- A proposed order the judge can sign if the motion is granted. Some courts require one; others draft their own.
The military status requirement is the one that catches plaintiffs off guard. Under the Servicemembers Civil Relief Act, a court cannot enter a default judgment without the affidavit, and a false one carries penalties.4United States Courts. Servicemembers Civil Relief Act Active duty status can be verified through the Defense Manpower Data Center’s SCRA website, which runs the name against Department of Defense records.5Defense Manpower Data Center. SCRA Website The requirement can be satisfied by a written declaration under penalty of perjury; a notarized affidavit is not the only acceptable form.3Office of the Law Revision Counsel. 50 USC 3931 – Default Judgments
If your contract or a statute allows fee recovery, add a separate attorney fee affidavit describing the specific work, who did it, the hours, and the rate. Vague assertions that fees were “reasonable” do not survive judicial review.
What Happens After You File
Most federal courts and many state courts take motions electronically. Some state clerks still accept paper. What the court does next depends on what you are asking for.
Fixed Amounts: Clerk’s Judgment
When the amount owed is specific and calculable from documents, such as an unpaid loan balance or a stated invoice, the clerk can enter the final judgment without a hearing. Rule 55(b)(1) authorizes this where the defendant is not a minor or an incompetent person and was defaulted for failing to appear entirely.2Legal Information Institute. Federal Rules of Civil Procedure Rule 55 – Default; Default Judgment This is the fastest route, but it only fits clean debt claims.
Everything Else: Prove-Up Hearing
If damages are not fixed, which covers personal injury, lost profits, emotional distress, and most tort claims, a judge handles the judgment. The court schedules a “prove-up” hearing where you present testimony and evidence establishing the amount. The default means your factual allegations about liability are treated as admitted, but you still have to prove the dollar figure.2Legal Information Institute. Federal Rules of Civil Procedure Rule 55 – Default; Default Judgment Judges will not rubber-stamp a damages number because the defendant disappeared.
Notice to a Defendant Who Appeared
If the defendant made any appearance in the case before going silent, Rule 55(b)(2) requires written notice of your motion at least seven days before any hearing.2Legal Information Institute. Federal Rules of Civil Procedure Rule 55 – Default; Default Judgment An “appearance” can be minimal, like filing a single document or attending an initial conference. Skipping this notice gives the defendant a clean argument to vacate the judgment later.
If the Defendant Is the Federal Government
Default judgment against the United States, its officers, or its agencies works differently. Rule 55(d) requires the plaintiff to establish the claim or right to relief “by evidence that satisfies the court” before a default judgment can be entered.2Legal Information Institute. Federal Rules of Civil Procedure Rule 55 – Default; Default Judgment Government silence does not admit your allegations. You still have to prove the case.
If the Defendant Moves to Vacate
A defendant who missed the deadline is not permanently out of options. To set aside the entry of default before a final judgment is entered, the defendant must show “good cause.” To set aside a final default judgment, the defendant files under Rule 60(b), which lists grounds including mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, and fraud.6Legal Information Institute. Federal Rules of Civil Procedure Rule 60 – Relief From a Judgment or Order The defendant also has to show a “meritorious defense,” meaning a legitimate argument that could change the outcome.
Timing is tight. Motions based on mistake, inadvertence, or excusable neglect have to be filed within one year of the judgment, and every Rule 60(b) motion has to come within a “reasonable time.”6Legal Information Institute. Federal Rules of Civil Procedure Rule 60 – Relief From a Judgment or Order Several months of unexplained delay rarely qualifies. Courts generally weigh three things together: the reason for the delay, the strength of the proposed defense, and whether reopening would unfairly harm the plaintiff.
Collecting on the Judgment
Winning does not move money. The judgment is a court order saying the defendant owes you a specific amount; actually getting the money is a separate process, and it falls on you.
The usual enforcement tools are a writ of execution, which lets a sheriff or marshal seize assets; wage garnishment, which diverts a portion of the defendant’s paycheck; and a lien on real property, which attaches to any real estate the defendant owns and gets paid when the property sells. You may need post-judgment discovery first to locate bank accounts, employers, and other assets. Many courts allow information subpoenas for that purpose.
Collection stops cold if the defendant files for bankruptcy, which triggers an automatic stay. Judgments also expire, typically after 10 to 20 years depending on the state, though most states allow renewal. Start enforcement promptly rather than assuming the defendant will pay on their own.