What is a motion for default judgment?

A motion for default judgment is a legal action taken when the defendant in a civil case does not respond to an official court complaint. When a defendant is served with a complaint, they typically have a certain amount of time to respond to the complaint in order to defend their position. If the defendant does not respond in this allotted time, they are considered to be in “default.” In California civil procedure, when the defendant is in default, the plaintiff may file a motion for default judgment. This motion contains the plaintiff’s allegations of fact, law, and damages that they are seeking in the lawsuit. The motion will also explain why the defendant is in default and why the plaintiff believes they are entitled to relief. The court will then consider the motion for default judgment and may enter a judgment in favor of the plaintiff if the plaintiff’s allegations are considered valid and the court’s requirements for a default judgment motion are met. This judgment will state the amount of damages that the defendant must pay to the plaintiff. A motion for default judgment is an important legal tool for a plaintiff since it can give them an easier way to obtain a favorable judgment in a lawsuit if the defendant fails to respond to their complaint.

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What is a motion for default judgment?

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