What to expect if you default in a debt case

Reasons you might choose to not respond

There are legitimate reasons that people choose to not respond or defend themselves in a debt lawsuit. For example

• You acknowledge that you owe the debt and don't want to negotiate.
• You don't have the time or resources to defend yourself in court and can't afford to hire a lawyer
• You don't have any assets that can be taken in collections and therefore have very little to lose

What happens if you choose to not respond

If you choose not to respond to the lawsuit, the Plaintiff must wait at least 30 days after the Summons and Complaint were served to take any action.

After this time has passed, the Plaintiff's attorney will serve (typically by mail) you with a completed copy of a form called Request for Entry of Default (form CIV-100). If the Plaintiff is a debt buyer, you'll get a Request for Entry of Default (Fair Debt Buying Practices Act) (form CIV-105).

These forms ask the court to enter a default judgment against you, which means the court will require you to pay the amount stated in the Complaint.  

What happens when you get a default judgment against you

After a default judgment, the Plaintiff will try to collect the money you owe. The Plaintiff may be able to deduct the money directly from your paycheck or bank account and put a lien on your property.

If you don't have any assets to pay the debt, you can let the debt collector know. They may give up or try to collect in the future.

If your case was a limited civil case ($35,000 or less), you can file a motion with the court to pay the judgment in installment payments at any time after judgment is entered. 

You may also attempt to negotiate payment arrangements with the plaintiff's attorney. 

Learn more about your options is what happens after a judgment.

Go back to review your options