Ask for a default judgment

If your tenant doesn’t file a response (like an Answer) by the deadline, you can ask the court for a default judgment. This means the court can decide the case without hearing from your tenant.

 

There are three types of default judgments. Before you choose one, make sure you’ve waited the right number of days. Then choose the one that matches your situation.

 

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How much time your tenant has to respond

How your tenant was served (given the court papers) affects how much time they have to respond. The deadline is different depending on how your server delivered the Summons and Complaint.


If your server gave the forms directly to your tenant

Your tenant has 10 court days to file a response with the court. 

This includes if your tenant refused to take the forms and your server left them nearby.


If your server gave the forms to someone else (substituted service)

Your tenant has 20 days to respond.

This happens if:

  • The server gave the papers to someone else where your tenant lives or works, and

  • Mailed a copy to your tenant


If your server posted and mailed the forms (service by posting)

Your tenant has 20 days to respond.

This happens if:

  • The server posted the papers at your tenant’s home, and

  • Mailed a copy to your tenant


If your tenant is in the Safe at Home program

If your tenant was served through the Safe at Home program, they have 15 court days to respond.


How to count the 20 days

If your tenant was served by substituted service or posting and mailing, here’s how to count the time:

  1. Start with the day your server mailed the Summons and Complaint. This is the mailing date (the postmark). That’s Day 0.

  2. Then, starting the next day, count 10 calendar days (count every day, even weekends and holidays).

    • The 10th day is when your tenant is considered served.

  3. Then count 10 court days (don’t count weekends or court holidays).

    • The 10th court day is the deadline to respond.

If your tenant doesn’t file a response by the deadline, the next day you can ask the court to order them to move out. This is called a default judgment.


⚠️ Important to know

Your tenant can file an Answer at any time before you ask the court to enter a default. Even after their deadline to respond. This means the longer you wait, the more time they have to respond.

Once the court enters a default, your tenant can’t file an Answer to fight the eviction.


If there is more than one tenant

If you have more than one tenant and they were served with the Summons and Complaint on different days, they will have different deadlines to respond. If one of the tenants didn't respond within their deadline, but another tenant still has time to respond, you have two options:

  • You can ask for a default for the tenant who did not respond in time. Later, you can ask for the default for the other tenant when their deadline passes.
  • You can wait for all the different deadlines to pass. Then, you can ask for the default for all of the tenants who did not respond.

You can still work out an agreement

At any point, you and your tenant can try to work things out. You can talk with each other directly or get help from a mediator to make an agreement—either instead of going to court or as part of your court case. Read more.

Default judgment for possession only

Ask for a default judgment for possession only if:

  • Your tenant did not respond,
  • You want them to move out, and
  • You’re not asking for unpaid rent or other money right now

The main reason to ask for possession only (instead of asking for possession and money) is that it's faster. This helps you to get you tenant out and take back your property sooner. You can still ask the court for unpaid rent or other money later.

  • Fill out the forms

    Fill out each form and make 2 copies:

  • Check for local forms

    • Some counties have their own forms for this step. Ask the court clerk if you need to fill out any local forms.

  • File your forms and give the Writ (form EJ-130) to the sheriff

    Take your completed forms to the court clerk and file them.

    💵 You’ll need to pay a fee to have the court issue the Writ of Possession. If you can’t afford the fee, you can ask the court for a fee waiver.

    If your forms are correct:

    • The clerk will file your Request for Default and Judgment

    • The clerk will stamp the Writ of Possession

    Next, take the Writ of Possession to the sheriff’s office in the county where the property is. The sheriff will use this to evict your tenant.

    📞 Call the sheriff’s office or check their website before you go. They will tell you what instructions or paperwork they need to get started.

Default judgment for possession and money

Ask for this type of default judgment if:

  • Your tenant didn’t respond, and

  • You want the court to order your tenant to move out and pay you money (like unpaid rent or damages)

This option lets you ask for everything at once. But it may take longer than asking for possession only (and going back later to ask for the money).

📌 If you want your tenant to move out as soon as possible, you might want to:

  • First ask for a default judgment for possession only

  • Then ask for a court judgment for the unpaid rent or other money

  • Fill out forms

    Fill out each form and make 2 copies of each:

  • File your forms and get the Writ (form EJ-130)

    • File your completed forms with the court clerk

    • Ask the clerk how long it will take for the judge to sign your judgment and for the court to issue the Writ

    • 💵 Pay the fee to issue the Writ (or ask for a fee waiver if you can’t afford it)

    • Pick up the signed Judgment and the issued Writ

  • Give the Writ to the sheriff

    Take the Writ to the sheriff’s office in the county where the property is.

    • The Writ allows the sheriff to:

      • Remove your tenant

      • Collect money from them if they owe you rent or other costs

    📞 Call the sheriff’s office or visit their website before you go. They will tell you what instructions or paperwork they need from you.

    Important limit on money owed: You can only ask for the amount of past-due rent or other money that you listed in your Complaint. If your tenant owes more now, you must file a separate case to collect the extra amount.

Default judgment for money only

Use this if:

  • Your tenant already moved out, or

  • You already got a court order for possession, and

  • Now you want to collect money your tenant owes (like unpaid rent or other costs)

  • Fill out forms

    Fill out each form and make 2 copies of each:

  • File your forms and get the Writ (form EJ-130)

    • File your forms with the court clerk

    • Ask the clerk how long it will take the judge to:

      • Sign your Judgment

      • Issue the Writ of Execution

    • 💵 Pay the fee to issue the Writ (or ask for a fee waiver if you can’t afford it)

    • Pick up the signed Judgment and the issued Writ

  • Give the Writ to the sheriff

    Take the Writ to the sheriff’s office in the county where the property is.

    • The sheriff will use it to collect money your tenant owes you

    📞 Call the sheriff’s office or visit their website before you go. They will tell you what instructions or paperwork they need to get started.

    Important limit on money owed: You can only ask for the amount of past-due rent or other money that you listed in your Complaint. If your tenant owes more now, you must file a separate case to collect the extra amount.

Key takeaways

  • If your tenant doesn’t respond, you can ask the court to make a decision without them having a say.

  • There are 3 options based on what you’re asking the court to do:

    • Get possession only

    • Get possession and money

    • Get money only

  • You must use the correct forms based on what you’re asking for.

  • You can’t ask for more money than you listed in your Complaint.

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