Home Blog Motion for Default Judgment: Filing Steps, Evidence, Deadlines

Motion for Default Judgment: Filing Steps, Evidence, Deadlines

This page explains what a motion for default judgment entails, its filing steps, and how a lawyer from ContractsCounsel can help you.

Jump to Section

A motion for default judgment is when a plaintiff requests that the court rules in their favor since the defendant hasn’t replied to the lawsuit, summons, or other court order within a specific amount of time.

Although the defendant has a chance to explain their lack of response, they need to do so quickly or risk paying damages to the plaintiff. They usually have 20 to 60 days in which to respond after being served, or it is considered a default.

Filing a motion for default can help you proceed with your case and have it resolved, instead of being delayed any further.

If you’re dealing with a non-responsive defendant, you might want to file a motion for default. Here is what you need to know about it and when you should consult with an experienced lawyer for assistance with the process.

When is a Motion for Default Allowed?

There are various instances in which a motion for default is allowed, with the most common ones being:

  • Lack of a filed response. This is when the defendant who was served didn’t file a formal response within the specified timeframe.
  • Failure to follow orders. It’s sometimes the case that a default judgment occurs when a defendent doesn’t appear at court proceedings, such as a hearing, or doesn’t follow the court’s orders.
  • The defendant responded but didn’t participate. A motion to default can also occur if the defendant responded but then didn’t show up for the court proceedings.

How Do You File a Motion for Default?

When filing a motion for default, you’ll need to consider the following steps.

File an Entry of Default

Before you can file a motion for default, you’ll have to secure an entry of default from the county clerk or judge, depending on your jurisdiction. That said, it’s common for the clerk to do the entry if the opposing party hasn’t filed or served any papers.

Show Evidence

To get a motion for default, you’ll have to show proof that you properly served the defendant. Having original copies of what you submitted to them is essential, but you'll usually also need an affidavit that states the defendant was served properly. The clerk will enter the default.

File a Motion for Default

Once you have the entry of default, you can file a motion so that the court rules in your favor because of the defendant’s failure to respond.

This motion includes information about the claim, what damages you seek, and supporting evidence. Should your motion be successful, the court will grant the judgment. This means the defendant will be liable for damages.

Things to Bear in Mind when Filing a Motion for Default

  • The defendant can file a motion to set the default aside, which is when they request the court to cancel the judgment. However, they will need to have a valid reason for why they never responded, such as proof that they were never served properly.
  • Even if the defendant has defaulted, they’re allowed to file motions or pleadings with the court. When the clerk has entered the default, the defendant is no longer able to do so.
  • If the defendant is represented by counsel, you might have to consult them before filing an entry of default because not informing them could result in the defendant having grounds to set aside the default at a later stage.
  • It’s crucial to have a clear, factual complaint in writing. If the court doesn’t think that your complaint is strong enough, they could set aside the default.

After filing a motion, the court will decide how to proceed, which could result in a hearing or other orders.

What to Do if a Default Judgment is Filed Against You?

If you’ve received a default judgment, you need to act quickly.

  • Consult with your lawyer. A lawyer who has experience in default judgments can help you to understand what’s expected of you and how best to respond to the complaint. For example, they will advise you on whether you should challenge the judgment or negotiate a resolution.
  • Be mindful of deadlines. Missing a deadline to respond can be what landed you in this situation in the first place, so always note the date you were served. If you weren’t served and have no proof of it, your lawyer will be able to help you pursue a set aside motion. After a default judgment is entered, you should note the date on which it was issued and how long you have to respond to it.
  • Collect information that will help you strengthen your case. Your lawyer will help you gather all the important documents you need.
  • Consider settling. Your lawyer might be able to negotiate with the plaintiff’s counsel on your behalf about how to resolve the situation, such as with a settlement.

Do You Need a Lawyer when Filing a Motion for Default?

If you’re filing a motion for default, it’s advisable to consult with a lawyer. This is because the rules for default judgments vary quite a bit in different locations, and you want to ensure you follow all the correct procedures to file successfully and avoid any pitfalls. Your lawyer will know all the local rules that affect your case and motion, so you do everything by the book. This will increase your chances of success.

A lawyer will also help you to avoid making mistakes that can get your motion for default denied. These include if you file too early, don’t first get an entry of default, or if you have insufficient proof of the damages you think are owing to you.

Are you ready to hire a lawyer for a motion for default?

Consult an experienced, professional lawyer on ContractsCounsel, an online legal network that connects clients with lawyers who have been vetted on the platform. They have years of experience in helping clients file and deal with motions for default, and will use their expertise to assist you in navigating the situation.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a dispute

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,330 reviews

Meet some of our Lawyers

Mary G. on ContractsCounsel
View Mary
5.0 (2)
Member Since:
July 8, 2026

Mary G.

Attorney
Free Consultation
Los Angeles, California
16 Yrs Experience
Licensed in CA
UCLA School of Law

Prenuptial Agreements I represent clients in the preparation and review of prenuptial agreements. My experience includes drafting comprehensive prenuptial agreements on behalf of the initiating fiancé, ensuring that the agreement accurately reflects the client's financial interests, assets, liabilities, and objectives while complying with applicable legal requirements. I also represent the non-drafting fiancé by conducting a thorough review of proposed prenuptial agreements, identifying legal and financial issues, explaining the rights and obligations created by the agreement, recommending revisions where appropriate, and negotiating modifications to help protect my client's interests before execution. Probate Administration Represented a client in the complete administration of a California probate estate valued at approximately $1 million. Successfully handled the matter from the initial petition through final distribution, preparing all required court filings, advising the executor throughout the administration, resolving probate requirements, and obtaining court approval to close the estate. Achieved the successful distribution of the estate assets to the executor and sole beneficiary in accordance with California probate law.

Recent  ContractsCounsel Client  Review:
5.0

"Hi hired Mary to help with my CA prenup. We had a tight turnaround and she was able to step in quickly to help meet our timeline. Mary was very prompt in responding to messages and quickly organized a call to talk through the prenup. She was a pleasure to work with and I recommend her services."

Mark M. on ContractsCounsel
View Mark
Member Since:
July 13, 2026

Mark M.

Attorney at Law
Free Consultation
San Diego, California
4 Yrs Experience
Licensed in CA
Thomas Jefferson

I help California businesses, entrepreneurs, and individuals understand legal risk and resolve legal issues efficiently. My practice focuses on contract drafting, review, negotiation, business disputes, settlement agreements, and practical legal guidance tailored to each client's objectives. I emphasize clear communication, practical solutions, and work that clients can put to use immediately.

Karen B. on ContractsCounsel
View Karen
Member Since:
July 16, 2026

Karen B.

Business Lawyer
Free Consultation
San Diego, CA
27 Yrs Experience
Licensed in NY
Hofstra

Experienced business attorney representing startups, founders, and growing companies in commercial transactions, contract negotiation, and outside general counsel matters.

Destiny S. on ContractsCounsel
View Destiny
Member Since:
July 20, 2026

Destiny S.

Founding Attorney
Free Consultation
Silver Spring, MD, USA
2 Yrs Experience
Licensed in MD
American University, Washington College of Law

Destiny Staten is an advocate for education, children’s rights, and accessiblity. A graduate of American University Washington College of Law, her experiences have taught her that empowerment starts with access—whether that’s access to legal protection or knowledge about one’s rights.

Andrew F. on ContractsCounsel
View Andrew
Member Since:
July 20, 2026

Andrew F.

Owner / President
Free Consultation
Tallahassee, FL
13 Yrs Experience
Licensed in FL
Loyola Law School

Andrew M. Fredrickson, Esq. is the founding partner of The Fredrickson Law Firm. Mr. Fredrickson is a problem solver who prides himself on finding good, practical resolutions for his clients. Mr. Fredrickson is an alumnus of Loyola Law School in Los Angeles, where he graduated at the top of his class with numerous accolades and honors. Mr. Fredrickson began his career as an in-house business and legal affairs executive for NBC Universal, eventually working with other television studios. After relocating from California to his home state of Florida, Mr. Fredrickson transitioned to practicing construction/business/and estate law. Ultimately, Mr. Fredrickson realized he had a passion for helping clients with protecting and planning for their families through a more proactive legal representation. Mr. Fredrickson quickly realized he could best serve his clients through a more individualized and personalized approach focused on estate planning. Mr. Fredrickson’s diverse background and skillset bring a vast array of knowledge and principals to the table in servicing his clients – it is these elements that are the foundation of The Fredrickson Law Firm, which continues to serve clients on an individualized, active, and practical basis to this day.

Pooja T. on ContractsCounsel
View Pooja
Member Since:
July 30, 2026

Pooja T.

Managing Partner
Free Consultation
Los Angeles, CA
20 Yrs Experience
Licensed in CA
UC Law San Francisco

I have spent over 19 years negotiating commercial and technology contracts across various industries. I have both Big Law and in house experience, most recently at Warner Bros. as a senior legal executive on their technology and commercial transactions team. I am a pragmatic dealmaker who balances business goals with legal risk.

Leonid M. on ContractsCounsel
View Leonid
Member Since:
July 30, 2026

Leonid M.

Lawyer
Free Consultation
Addsion, Texas
15 Yrs Experience
Licensed in IL, TX
Thomas M. Cooley

Leonid Murashkovskiy is an experienced attorney and licensed real estate broker based in Texas, specializing in real estate transactions, corporate law, business consulting, and estate planning. As the founder of Leonid Murashkovskiy, PLLC, and co-founder of Skyline Realty, Leonid brings a comprehensive multi-disciplinary perspective to contract law and asset management, having navigated complex transactions from initial acquisition and financing to development, portfolio compilation, and disposition throughout his career. Licensed to practice law in Texas and Illinois, Leonid earned his Juris Doctor in 2011 from Thomas M. Cooley Law School, building upon extensive foundational experience as a mortgage loan officer, escrow officer, and paralegal. This diverse background equips him with deep practical insight into the mechanics of property and corporate deals, allowing him to deliver sharp, strategic counsel to clients managing intricate transactions and corporate operations.

Jennifer G. on ContractsCounsel
View Jennifer
Member Since:
August 8, 2026

Jennifer G.

Business, Contract & Estate Planning Attorney
Houston, Texas
5 Yrs Experience
Licensed in TX
South Texas College of Law Houston, Houston, Texas

Business and estate planning attorney with 12 years in law — five as licensed counsel, plus seven as a law clerk and legal assistant before that. I draft and review business contracts, form LLCs and corporations, and build wills, trusts, and estate plans. Two things make my work different. Alongside my JD I hold an LLM in Wealth Management and have passed the Series 65 (Uniform Investment Adviser Law Exam), so I understand the tax and financial mechanics behind a document, not just its language — the same rigor I've applied to trust and entity structures for families with $100M+ in assets goes into a single NDA review. And I spent years in civil litigation defending insurers and their insureds, so I know which clauses actually get fought over, and I draft with that in mind instead of pasting boilerplate. Flat-fee quotes whenever scope allows. Same-business-day responses. Most single-document projects delivered in 1–3 business days, with a plain-English summary of what I changed and why. Licensed in Texas (Bar No. 24123061) and malpractice insured; available nationwide for contract, business, and commercial matters that don't require state-specific admission. Message me what you're working on and I'll tell you honestly whether I'm the right fit.

Christopher W. on ContractsCounsel
View Christopher
Member Since:
August 4, 2026

Christopher W.

Attorney
Free Consultation
Birmingham, Alabama
3 Yrs Experience
Licensed in AL
Birmingham School of Law

I am a licensed Alabama attorney with a focus on estate planning, probate, contracts, family law, and debt negotiation. I have a dual background in law and healthcare which gives me a unique perspective and experience concerning risk management, documentation, and regulatory requirements. I am committed to providing thorough results, quick turnaround, and steady communication from start to finish.

Katherine P. on ContractsCounsel
View Katherine
Member Since:
August 1, 2026

Katherine P.

Attorney
Free Consultation
Miami, Florida
2 Yrs Experience
Licensed in FL
St Thomas University School of Law

Ms. Pallidine earned her Juris Doctor from St. Thomas University College of Law, where she distinguished herself academically and received certificates in Intellectual Property Law and Real Estate Law. She also holds a Bachelor’s degree in Psychology with a concentration in Behavioral Analysis, as well as a dual major in Women and Gender Studies from Florida International University. Throughout her legal education, Katherine gained valuable practical experience through various externship and internship programs. She served at the City Attorney’s Office of Coral Gables and Catholic Legal Services for the Archdiocese of Miami, as well as at a prominent Personal Injury Firm. These diverse experiences provided her with a broad understanding of multiple legal disciplines, sharpening her advocacy skills and deepening her understanding of client-centered service. Katherine is dedicated to helping her clients navigate sensitive legal issues with empathy, clarity, and a steadfast commitment to their best interests. She strives to build strong, trust-based relationships and is passionate about empowering her clients through knowledgeable legal guidance. ​​​​​​​

Anthony A. on ContractsCounsel
View Anthony
Member Since:
August 4, 2026

Anthony A.

Attorney
Free Consultation
New York
34 Yrs Experience
Licensed in NY
Touro Law Center

Anthony Amato is the principal attorney of AMATO LAW, where he advises business owners, families, and executives on complex legal and strategic matters. With decades of experience in law, executive leadership, and regulated industries, Mr. Amato brings a measured, business‑minded approach to legal representation. His practice is focused on transactions, planning, and disputes where judgment, clarity, and experience are critical. Clients work directly with Mr. Amato and benefit from thoughtful legal guidance informed by real‑world commercial and organizational considerations.

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a dispute

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,330 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Litigation Lawyers
MOTION FOR DEFAULT JUDGMENT LAWYERS BY CITY
See All Motion For Default Judgment Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with a dispute

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,330 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city