JurisDraft

Litigation & Court Documents

How to Write a Motion for Default Judgment

When a defendant never responds, a default judgment motion is how a plaintiff actually gets a resolution — but the paperwork still has to be right.

5 min read

When a defendant is properly served and fails to respond within the deadline, a plaintiff can move for default judgment — but the process still requires specific, correctly formatted paperwork before a court will enter judgment.

Proof of proper service comes first

Before default can be entered, the court needs proof the defendant was properly served — an affidavit of service with the correct dates and method. A default entered on defective service is one of the most common grounds for it to later be set aside.

Entry of default vs. default judgment

Most jurisdictions require two steps: first requesting the clerk enter a default noting the failure to respond, then separately moving for the judgment itself, often with a hearing on damages if the amount isn't fixed.

Proving damages still matters

A default doesn't automatically mean the plaintiff gets everything requested — the amount of damages usually still has to be proven through affidavits, records, or testimony, especially where the amount isn't a fixed sum.

Expect the possibility it gets challenged

Defendants can move to set aside a default judgment, often successfully, if they can show good cause and act promptly. Careful, accurate paperwork at the outset makes that challenge much harder to win.

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