How to Take a Default Judgment in California State Court
Count 30 Days from The Date of Service of ProcessBegin counting days the day after service is made. Count Saturdays and Sundays. If the 30th day falls on a weekend or holiday, the defendant has until the next court day.
Take The Defendant's DefaultDo this step by filling out and filing multiple forms with the court clerk, including:
CIV-100 (Request for Entry of Default)
MC-031 (Declaration cont)
Any and all written evidence or exhibits
Prove-Up The Default at The HearingThe clerk may set a hearing date to "prove-up" the default. Some courts take live testimony, others take testimony in the form of written declarations. The default clerk should know the answer for the particular judge. Be prepared to show and testify to why you are owed money.
Collect Your JudgmentThis process requires a whole other guide. Congratulations if you won by default, now your next challenge will be collecting that judgment.