Default Judgment Timeline: Step-by-Step Guide
When the defendant fails to respond by their Answer deadline, you can request a Default Judgment. This guide walks you through the exact two-step process under FRCP Rule 55.
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The Two-Step Default Process (FRCP Rule 55)
Federal court default judgment requires two separate steps. Many pro se plaintiffs — and even some attorneys — skip Step 1 and go straight to Step 2, which causes the motion to be rejected.
Entry of Default by the Clerk (Rule 55(a))
Before asking for a judgment, you must first obtain a formal "Entry of Default" from the Clerk of Court. This is an administrative act that officially records that the defendant failed to respond.
- • File an Application for Entry of Default with the Clerk
- • Include an affidavit showing: (a) the defendant was properly served, (b) the Answer deadline has passed, and (c) the defendant has not responded
- • The Clerk enters default — no hearing required
- • No specific time limit to request entry, but delays can prejudice you
Motion for Default Judgment (Rule 55(b))
After the Clerk enters default, you can move for the actual judgment — either from the Clerk (if the claim is for a sum certain) or from the Judge (all other cases).
- • File a Motion for Default Judgment with supporting evidence of damages
- • Serve notice on the defendant if they have appeared at any point
- • The court may hold a hearing to determine the damages amount (Rule 55(b)(2))
- • Once granted, you have a formal money judgment you can enforce
Clerk Default Judgment vs. Judge Default Judgment
The Clerk may enter default judgment without a hearing only if:
- • The claim is for a sum certain (exact dollar amount)
- • The amount can be computed with certainty from the record
- • The defendant is not a minor or incompetent person
- • Examples: unpaid invoices, promissory notes, rent
A judge is required in all other cases, including:
- • Damages that require proof (lost profits, pain & suffering)
- • Injunctive relief
- • Any case where the defendant has previously appeared
- • Claims against a minor or incompetent person
Military Service Check: SCRA Requirement
Required by Law: Before any court can enter a default judgment against an individual (not a company), you must file an affidavit stating whether the defendant is in military service. This is required by the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 3931.
- • Check the Defense Manpower Data Center (DMDC) website for military status
- • Print and attach the search result to your application
- • If defendant IS in military service, the court must appoint an attorney for them and may stay proceedings
- • Failure to comply can result in the default judgment being set aside later
Can the Defendant Set Aside the Default?
Yes. Under FRCP 55(c), the court may set aside an entry of default for "good cause." Under Rule 60(b), a default judgment can be set aside for the same reasons applicable to any final judgment.
Good Cause Factors (Courts Consider)
- • Whether the defendant acted promptly after learning of the default
- • Whether the plaintiff would be prejudiced by setting aside the default
- • Whether the defendant has a meritorious defense to present
- • Whether the default was the result of culpable or excusable conduct
State Court Default Rules
| State | Process | Key Rule |
|---|---|---|
| California | Request for Entry of Default → Application for Default Judgment | CCP § 585, § 587 |
| New York | Application to Clerk or motion to court depending on case type | CPLR § 3215 |
| Texas | Motion for Default Judgment; no separate 'entry of default' step | TRCP 239 |
| Florida | Motion for Clerk's Default → Motion for Default Judgment | Fla. R. Civ. P. 1.500 |