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:
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The server gave the papers to someone else where your tenant lives or works, and
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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:
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The server posted the papers at your tenant’s home, and
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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:
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Start with the day your server mailed the Summons and Complaint. This is the mailing date (the postmark). That’s Day 0.
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Then, starting the next day, count 10 calendar days (count every day, even weekends and holidays).
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The 10th day is when your tenant is considered served.
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Then count 10 court days (don’t count weekends or court holidays).
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The 10th court day is the deadline to respond.
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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.
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Fill out the forms
Fill out each form and make 2 copies:
- Request for Entry of Default (form CIV-100)
- Check the boxes for "Entry of Default" and "Clerk's Judgment"
- Mail a copy to each tenant before you file it
- After you file this form, your tenant can't file a response
- Judgment-Unlawful Detainer (form UD-110)
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Use this form to ask the court to give you back your property
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Check the boxes for “By Clerk,” “By Default,” and “Possession Only”
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Some courts use a different version of this form. Ask the court clerk if you need a local version
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Writ of Possession of Real Property (form EJ-130)
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Give this form to the sheriff to evict your tenant
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- Verification by Landlord Regarding Rental Assistance-Unlawful Detainer (form UD-120)
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Use this form only if you’re evicting your tenant for unpaid rent or other money owed under the rental agreement
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You still need this form even if you’re not asking for that money now
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- Request for Entry of Default (form CIV-100)
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Check for local forms
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Some counties have their own forms for this step. Ask the court clerk if you need to fill out any local forms.
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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:
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The clerk will file your Request for Default and Judgment
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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.
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Default judgment for possession and money
Ask for this type of default judgment if:
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Your tenant didn’t respond, and
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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:
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First ask for a default judgment for possession only
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Then ask for a court judgment for the unpaid rent or other money
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Fill out forms
Fill out each form and make 2 copies of each:
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Request for Entry of Default and Court Judgment (form CIV-100)
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Check the boxes for “Entry of Default” and “Court Judgment”
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Mail a copy to each tenant before you file the form
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After you file it, your tenant can’t file a response
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Declaration for Default Judgment by Court (form UD-116)
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Use this form to prove the amount of money you want the court to order your tenant to pay
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Judgment-Unlawful Detainer (form UD-110)
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Use this form to ask the court to give you back your property
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Check the boxes for “By Clerk,” and “By Default"
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- Verification by Landlord Regarding Rental Assistance-Unlawful Detainer (form UD-120)
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Use this form only if you’re evicting your tenant for unpaid rent or other money
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Writ of Possession/Execution (form EJ-130)
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Check the boxes for:
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“Execution”
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“Possession of"
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"Real Property”
- Either “Limited Civil Case” or “Unlimited Civil Case” (depending on the amount of money you asked for in your Complaint)
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This form gives the sheriff permission to remove your tenant and collect the money they owe you
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The sheriff can take money from sources like their paycheck or bank account
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File your forms and get the Writ (form EJ-130)
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File your completed forms with the court clerk
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Ask the clerk how long it will take for the judge to sign your judgment and for the court to issue the Writ
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💵 Pay the fee to issue the Writ (or ask for a fee waiver if you can’t afford it)
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Pick up the signed Judgment and the issued Writ
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Give the Writ to the sheriff
Take the Writ to the sheriff’s office in the county where the property is.
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The Writ allows the sheriff to:
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Remove your tenant
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Collect money from them if they owe you rent or other costs
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📞 Call the sheriff’s office or visit their website before you go. They will tell you what instructions or paperwork they need from you.
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Default judgment for money only
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Fill out forms
Fill out each form and make 2 copies of each:
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Request for Court Judgment (form CIV-100)
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Check the box for “Court Judgment”
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Declaration for Default Judgment by Court (form UD-116)
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Use this form to prove how much money your tenant owes you
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Judgment—Unlawful Detainer (form UD-110)
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Use this to ask the judge to order your tenant to pay what they owe
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Check the boxes for “By Court” and “By Default”
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Verification by Landlord Regarding Rental Assistance (form UD-120)
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Only use this form if your case was about unpaid rent or money owed under a lease
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Writ of Execution (form EJ-130)
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Check the box for “Execution”
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Also check either “Limited Civil Case” or “Unlimited Civil Case” (depending on the amount of money you asked for in your Complaint)
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This form gives the sheriff permission to collect money your tenant owes you
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The sheriff can take money from their paycheck or bank account
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File your forms and get the Writ (form EJ-130)
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File your forms with the court clerk
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Ask the clerk how long it will take the judge to:
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Sign your Judgment
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Issue the Writ of Execution
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💵 Pay the fee to issue the Writ (or ask for a fee waiver if you can’t afford it)
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Pick up the signed Judgment and the issued Writ
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Give the Writ to the sheriff
Take the Writ to the sheriff’s office in the county where the property is.
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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.
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Key takeaways
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If your tenant doesn’t respond, you can ask the court to make a decision without them having a say.
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There are 3 options based on what you’re asking the court to do:
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Get possession only
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Get possession and money
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Get money only
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You must use the correct forms based on what you’re asking for.
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You can’t ask for more money than you listed in your Complaint.