A default judgment is a court order entered against you when you do not respond to a lawsuit on time. It lets the plaintiff enforce the claim without hearing your side. In California it can be enforced against wages and bank accounts, and in some cases it can be set aside, but strict deadlines apply.
How a default happens
After you are served, you generally have 30 days to file a response (Code of Civil Procedure §412.20). If none is filed, the plaintiff can request that the clerk enter your default and then ask for judgment (CCP §585). In many consumer cases this follows within weeks of the deadline.
What a judgment allows
- Wage garnishment from your paycheck, within legal limits.
- Bank levy on funds in your accounts, subject to exemptions.
- Interest on the judgment amount, and possible court costs.
- Long life: a California money judgment is generally enforceable for 10 years and can be renewed (CCP §683.020).
Some income and property is protected by law. Which protections apply depends on your situation.
Options to undo it
Possible routes include:
- Relief for mistake or excusable neglect (CCP §473(b)), generally within six months of the default.
- Relief if you never received actual notice in time (CCP §473.5), with its own time limit.
- Challenging defective service where the papers were not properly delivered.
Courts decide these motions on facts and evidence. Acting quickly matters most. See also what to do if you are served.
Negotiating after a judgment
A judgment does not end the conversation. Plaintiffs often agree to payment plans or reduced payoffs, and any agreement should be in writing, with a clear statement on how the judgment will be recorded as satisfied.
Frequently asked questions
Can a default judgment be removed from my credit report?
Judgments are not currently reported by the major credit bureaus as a separate item in most cases, but the underlying account may still appear. Ask about your specific report.
Do I lose everything after a default judgment?
No. Enforcement is limited by exemptions, and orders can be challenged or negotiated.
How long do I have to ask the court to set it aside?
It depends on the ground. Some motions have a six-month limit, so speak to an attorney promptly.