Legal Question in Civil Litigation in California

I filed a Default in a County court in California against a Defendant who never responded to my Complaint.

I never received confirmation from the County court of the Default or any response whatsoever from the Court regarding my Default filing. What are the next steps that I need to take to ensure that the Default takes effect? Is the Court supposed to send back a confirmation of the Default? Thank you for your assistance.


Asked on 1/17/12, 7:27 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You need to contact the court and determine the status of the clerk's entry of default. The rules of court and local rules often require submission of a default judgment package in a short period after the default has been entered so you need to watch that timeline as well.

Read more
Answered on 1/17/12, 8:00 am
Edward Hoffman Law Offices of Edward A. Hoffman

Ordinarily the party who files a document also submits copies for the clerk to stamp "filed", along with a postage-paid return envelope. Courts won't make copies for you if you fail to provide them, and most won't mail copies to you at their expense. If you didn't submit these extra copies, there's a good chance your default was processed already.

Of course, there's also a good chance that it was rejected because you made a mistake. Even attorneys sometimes find it difficult to get a default entered. A layperson who doesn't know the ropes is even more likely to get something wrong.

Read more
Answered on 1/17/12, 1:34 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California