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Disclaimer: This Guide is intended as general information only. Your case may have factors requiring different procedures or forms. The information and instructions are provided for use in the Sacramento County Superior Court. Please keep in mind that each court may have different requirements. If you need further assistance consult a lawyer.

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REQUEST A DEFAULT JUDGMENT BY THE CLERK Ask the Clerk to Find in Your Favor Because the Other Side Did Not Respond This Guide includes instructions and sample forms. The Guide and related forms may be downloaded from: www.saclaw.org/request-dj-clerk

BACKGROUND A defendant has 30 days from the date he or she is personally served with your summons and complaint to file a written response (California Code of Civil Procedure (CCP) § 412.20(a) (3)). The end of the 30 days is not an automatic cut-off; the court will still accept a response from the defendant after 30 days, unless the plaintiff files a request for default. Once a default is entered, the defendant is no longer able to file a response or otherwise participate in the case. The plaintiff may also ask to have a judgment entered in his or her favor. This is known as requesting a default judgment. In breach of contract cases where the specific monetary amount desired is requested in the complaint, a default judgment may be entered by the clerk, rather than by the judge. If the monetary amount desired is not specified, or if a judge needs to rule on any other issue raised in the complaint, you must request a default judgment by the court, which requires additional forms and is not covered in this Guide. For more information, see the Step-by-Step guide on how to Request a Default Judgment by the Court on our website at www.saclaw.org/request-dj-court.

STEP-BY-STEP INSTRUCTIONS Step 1: Make Sure You’ve Met the Requirements for a Default The defendant has 30 days from the date of personal service to file his or her response. If the defendant was served by substituted service, service is considered complete on the 10th day after the follow-up mailing required to complete substituted service (CCP § 415.20(a)), so, as a practical matter, the default cannot be taken until more than 40 days have passed after this mailing. You must wait until the defendant’s time to respond has passed before you file your request for default. The 30 days starts the day after personal service (or after substituted service is considered complete). If the 30th day falls on a weekend or holiday, the defendant has until the next business day to file a response. You may not file your request for default until the 31st day.

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If your lawsuit is based upon a retail installment contract subject to the Unruh Act (Civil Code (Civ) § 1812.10), on a financed automobile subject to the Rees-Levering Motor Vehicle Sales and Finance Act (Civ § 2984.4), or on a loan or other extension of credit primarily for personal or household use (CCP § 395(b)), your complaint must provide facts showing that the case has been filed in the proper superior court, and that the case is subject to one of the aforementioned laws. This information should have been provided either as language included in your verified complaint, or in a stand-alone declaration that was filed and served along with your complaint. For these types of cases, if your complaint was not verified, and you did not file and serve a declaration of venue along with your complaint, you must do so now. The court cannot make any orders in this case until one of those two things happens. (CCP § 396a(a)). You can find a sample Declaration of Venue on the Legal Forms page of our website at www.saclaw.org/forms. The declaration of venue must be served upon the defendants like a Summons – in most cases this means personal service. Service of the declaration of venue resets the defendant’s time to answer, so you must wait another 30 days to allow the defendant to respond before proceeding with the default.(CCP § 396a(a)).

Step 2: Decide How You Wish to Proceed Obtaining a default judgment involves two steps: the request for entry of default and the request for entry of clerk judgment. These steps both use the same form, so you can request both at the same time, or you can take these steps at different times. There are benefits to both methods; you will need to choose the method that best suits your situation. Request for Entry of Default. This request cuts off the defendant’s ability to file a response to the lawsuit. You may want to do this step alone if you have multiple defendants, and you are not yet able to claim a default against some of them (for example, because they have not yet been served). You cannot obtain a default judgment until you have either obtained default against, or dismissed, all other defendants. Some litigants also file this step alone if they are not yet ready to file the judgment paperwork. Request of Entry of Clerk Judgment. This step may be taken at the same time as your request for entry of default, or at a later date. With this step, you are asking the clerk to enter a judgment in your favor. Most litigants request a clerk judgment at the same time as the request for entry of default, since the additional paperwork is fairly simple. For the purposes of this guide, we will assume you are filing both steps simultaneously.

Default judgments by the clerk are only available in breach of contract cases where the complaint specifies the amount of money owed on a specific date. For all other types of judgments, you will need to ask for a default judgment by the court instead. Information is available from the Step-by-Step guide on how to Request a Default Judgment by the Court on our website at www.saclaw.org/request-dj-court.

IMPORTANT!

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Judgment by Default by Clerk (CV/E-121) is a Sacramento County local form, which cannot be used in other courts. If you are filing in a court other than Sacramento County, use Judgment (JUD-100) instead.

Step 3: Complete the Necessary Forms The Judicial Council and Local Sacramento County forms commonly used in this procedure are:

· Request for Dismissal (CIV-110) · Request for Entry of Default (CIV-100) · Declaration re: Accrual of Interest (MC-030) (see Step 4) · Judgment by Default by Clerk (CV/E-121)

Sample filled-in forms with instructions are available at the end of this Guide.

Step 4: Completing Your Declaration re: Accrual of Interest To obtain any pre-judgment interest you claimed in your Complaint, you must prepare a declaration to the court, detailing the amount of prejudgment interest owed, and showing how you calculated that amount. You may use Declaration (MC-030) for this declaration. A sample is included at the end of this Guide, which you can adapt to fit your own facts and circumstances. In breach of contract cases, pre-judgment interest will accrue at the rate of interest specified in the contract; if no rate is specified, interest will accrue at 10% per year. Civ § 3287(c) caps pre-judgment interest in cases against a government entity at 7% per year. To calculate your pre-judgment interest, you must determine the daily rate of interest and multiply that by the number of days for which interest should accrue. For example, if a loan of $15,000 with a 10% interest rate was breached 200 days ago, the prejudgment interest calculation would be:

$15,000 x 10% = $1500 interest per year $1500 ÷ 365 = $4.11 interest per day $4.11 x 200 = $822 prejudgment interest

You may use the judgment calculator at www.judgmentcenter.com/Calculator.htm to determine the amount of interest. When using this calculator, enter the date the contract was breached in the field for “date judgment was entered.” This will calculate interest from that date to the date you run the calculation. The calculator will show you the daily interest rate, which you can use if you need to adjust your calculations.

Step 5: Copying and Assembling Make three (3) copies of each:

· Request for Dismissal (CIV-110), if applicable · Request for Entry of Default (CIV-100) · Declaration re: Accrual of Interest (MC-030) · Judgment by Default by Clerk (CV/E-121)

Staple each photocopy, but leave the originals unstapled. The originals will be scanned into the court’s filing system, and the staple will damage the scanner. Set aside one photocopy of each document for service on the other party. For the remaining copies of each document, place the original on top of its photocopies, and paperclip them together.

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Step 6: Have Your Documents Served You must have someone over the age of 18 who is not a party in the case mail a set of the photocopies you made in Step 5 to the defendant. This person must then complete a Proof of Service by Mail (POS-030). Make two photocopies of the signed proof of service. See the Step-by-Step guide on Serving Documents by Mail on our website at www.saclaw.org/mail-service for more information.

Step 7: File Your Documents You must file the original and two (2) remaining photocopies of:

· Request for Dismissal (CIV-110), if applicable · Request for Entry of Default (CIV-100) · Declaration re: Accrual of Interest (MC-030) · Judgment by Default by Clerk (CV/E-121) · Proof of Service (POS-030)

If you did not include a copy of your written agreement with your complaint when you began this lawsuit, you will need to provide a copy to the court, with a cover page that includes the caption of the case. You may use Declaration (MC-030) for your coversheet. A sample is at the end of this Guide. When you file your request for entry of default, Sacramento County Local Rule 2.34(c) requires you to submit either the original Summons (SUM-100) and Proof of Service (POS-010) (if you have not yet filed those), or filed endorsed (stamped) copies of those documents, if they were previously filed. If you do not have filed endorsed copies of these documents, you may download them from the court’s fee-based online Public Case Access System at services.saccourt.ca.gov/PublicCaseAccess, or using the kiosks at the courthouse. File your documents in the drop box in Room 102 in the Sacramento Superior Court at 720 Ninth Street. Fill out and attach the Civil Document Drop-Off Sheet, and date stamp the back of each original document. A supply of Civil Document Drop-Off Sheets and a date stamp are located near the drop box. Include a self-addressed stamped envelope with enough postage to mail your documents back to you. Although the court cannot tell you exactly when your default will be processed, every Friday they publish a list of dates that they have reached in processing particular document types. You may see this list at www.saccourt.ca.gov/civil/civil.aspx.

Step 8: Serve Your Judgment If approved, the court will mail you a signed copy of your judgment. Make one photocopy of this judgment, and have it served on the defendant by mail, by someone over the age of 18 who is not a party in the case. The server must then complete a Proof of Service by Mail (POS-030). Make a photocopy of the signed proof of service, and file the original and photocopy with the court. See the Step-by-Step guide on Serving Documents by Mail on our website at www.saclaw.org/mail-service for more information.

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FOR HELP Sacramento County Public Law Library Civil Self Help Center 609 9th Street, Sacramento 95814 www.saclaw.org/pages/civil-self-help-center.aspx Services Provided: The Sacramento County Public Law Library Civil Self Help Center provides general information and basic assistance to self-represented litigants on a variety of civil legal issues. Appointments will be made beginning at 8:30 a.m. Patrons who are present at 8:30 a.m. will be entered into a random drawing to determine the order their case will be evaluated. If an appointment is appropriate, it will be made for later in the day. You are encouraged to arrive by 8:25 a.m. to participate in the appointment setting drawing. Eligibility: Must be a Sacramento County resident or have a qualifying case in the Sacramento County Superior Court.

FOR MORE INFORMATION At the Law Library: Win Your Lawsuit KFC 968 .Z9 D86 (Self Help) Chap. 9 Electronic Access: From any computer (Library or home) via the Legal Information Reference Center. Instructions are available on our website at www.saclaw.org/nolo-ebooks. California Forms of Pleading and Practice KFC 1010 .A65 C3 (Ready Ref) Chap. 165 Electronic Access: On the Law Library’s computers, using the Matthew Bender CD. California Civil Procedure Before Trial KFC 995 .C34 Chap. 38 Electronic Access: On the Law Library’s computers, using OnLaw.

IF YOU HAVE QUESTIONS ABOUT THIS GUIDE, OR IF YOU NEED HELP FINDING OR USING THE MATERIALS LISTED, DON’T HESITATE TO ASK A REFERENCE LIBRARIAN.

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ATTACHMENTS: FORMS AND INSTRUCTIONS The Judicial Council and Local Sacramento County forms commonly used in this procedure are:

· Request for Dismissal (CIV-110) (if you have “Doe” defendants) · Request for Entry of Default (CIV-100) · Declaration re: Accrued Interest (MC-030) · Judgment by Default by Clerk (CV/E-121)

Sample filled-in forms with instructions are available at the end of this Guide.

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Your name, address, and phone number. “In Pro Per” means you are representing yourself.

Court name, address, and branch.

Your name and the defendant’s name as they appear on the complaint.

Case Number

Check “Without prejudice.” This means that you could re-file your case against this defendant if necessary. “With prejudice” would prevent you from re-filing in the future.

Check “Other” and enter “DOES 1 to x ONLY.”

Print your name and date; check “Party Without Attorney”

Sign and check “Plaintiff”

Check if your court fees were waived, and if so, complete declaration on the second page of this form.

You will use this form to dismiss any Doe defendants you listed in your complaint. If you did not list any Doe defendants, you do not need this form.

This portion of the form is for use in a different type of situation; leave it blank.

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Your name and the defendant’s name as they appear on the complaint.

Case Number

Name of person whose fees were waived.

Mark box 2a.

Print name and date; check “Party Making Declaration.”

Signature

If your filing fees were waived, you must complete this page of the form. If your fees were not waived, you do not need to complete the second page of this form.

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Your name, address, and phone number. “In Pro Per” means you are representing yourself.

Court name, address, and branch.

Your name and the defendant’s name as they appear on the complaint.

Case Number

Check “Entry of Default” and/or “Clerk Judgment,” depending on what you are requesting.

Date your complaint was filed; your name exactly as it appears on the Complaint.

If requesting only a default, check box next to 1c and insert name of defendant(s). If requesting only a judgment, check box next to 1e and 1e(2). If asking for both, check 1c, 1e and 1e(2).

Print Name and Date. Signature

If asking for a judgment, enter the amounts you are requesting. If not asking for a judgment at this time, leave these blank.

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Your name and the defendant’s name as they appear on the complaint.

Case Number

Check “did not.”

Check appropriate boxes in 5a, 5b, and 5c.

Check box next to 6b and insert date of mailing, name of defendant, and address where served.

Print name and date.

Amount paid for filing and process server fees; total.

Signature

Print name and date. Signature

Signature

Print name and date.

Check box, unless the defendant is in the military. If the defendant is on active military duty and has not responded to your complaint, the court must appoint an attorney to represent the defendant before the case can proceed.

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Your name, address, and phone number. “In Pro Per” means you are representing yourself.

Court name, address, and branch.

Your name and the defendant’s name as they appear on the complaint.

Case Number

Print name and date.

Sign and mark box.

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Case Number

Your name, address, and phone number. “In Pro Per” means you are representing yourself.

Your name and the defendant’s name as they appear on the complaint.

Your name and date. Signature

Court name, address, and branch.

If you did not include a copy of your written agreement with your complaint when you began this lawsuit, you will need to provide a copy to the court. You may use this form as a cover page for the contract.

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Your name, address, and phone number. “In Pro Per” means you are representing yourself.

Your name and the defendant’s name as they appear on the complaint.

Case Number

Short title of the case, usually the parties’ last names.

The amount of any payments received since the lawsuit was filed.

Enter the amounts as appropriate. These should match the amounts listed on Request for Entry of Default (CIV-100).