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  • May 19, 2026

How to Fill Out California Form CIV-100 (w/Examples) + FAQs

When a defendant in a California civil case fails to respond within the legal deadline, the plaintiff uses Judicial Council Form CIV-100 to ask the court clerk to enter a “default” and, in many cases, enter a default judgment in the same step. Filing CIV-100 correctly is the gateway to winning your case without a trial, but a single wrong checkbox or missing declaration can stall your judgment for months.

According to the Judicial Council of California’s 2024 Court Statistics Report, more than 60% of unlimited civil cases and a striking share of limited civil collection matters end in default rather than contested judgment. That makes CIV-100 one of the most filed — and most rejected — forms in the state.

Here is what you will learn in this guide:

  • 📋 How to complete every line, box, and declaration on Form CIV-100 without triggering a clerk rejection
  • ⚖️ Which California Code of Civil Procedure sections govern entry of default, prove-up, and set-aside
  • 💸 Real cost calculations, including filing fees, interest, and the Memorandum of Costs (MC-010)
  • 🛡️ How the Servicemembers Civil Relief Act declaration protects active-duty defendants and your judgment
  • 🚫 The seven most common mistakes that void a default and how named plaintiffs avoided them

What Form CIV-100 Actually Is

Form CIV-100, titled Request for Entry of Default (Application to Enter Default), is the official California Judicial Council form a plaintiff files when a defendant has been properly served and has not filed a timely response. It is governed primarily by California Code of Civil Procedure section 585, which authorizes the clerk to enter default and, in liquidated contract cases, enter judgment without a court hearing.

The form does double duty. It serves as both the request for entry of default (cutting off the defendant’s right to file an answer) and, for contract or sum-certain claims, the application for clerk’s judgment in the same filing. For unliquidated tort claims, personal injury, or unlawful detainer with damages beyond rent, the clerk only enters default, and the plaintiff must later set a prove-up hearing before a judge.

The current revision is dated January 1, 2023, and using an older version is one of the fastest ways to get rejected. Always download the live PDF from the California Courts forms page immediately before filing. The form is mandatory in every superior court, from Alpine County to Los Angeles, and there are no county-specific local versions that replace it.

A common misconception is that CIV-100 is only for debt collection. In reality, it is used in every general civil, limited civil, and unlawful detainer case where a defendant defaults. The consequence of skipping it — for example, trying to “ask the judge” without entering default first — is that the court has no authority to grant judgment, and your case sits frozen until you file the right form.

When You May File CIV-100

Timing is the single most important variable in a default. You may not file CIV-100 until the defendant’s deadline to respond has expired, and that deadline depends on how the defendant was served. The general rule under Code of Civil Procedure section 412.20 is 30 days after personal service of the summons and complaint.

The 30-Day Rule for Personal Service

When a process server hands the summons and complaint directly to the defendant, the clock starts the next day. The defendant has 30 calendar days, not business days, and weekends and holidays count except when the 30th day itself falls on a weekend or court holiday — then the deadline rolls to the next court day under CCP section 12a.

Plaintiffs frequently miscount day one. If service occurred on June 1, day one is June 2 and day 30 is July 1. Filing CIV-100 on June 30 is premature, and the clerk will reject it or, worse, the defendant can later move to vacate under CCP section 473.

The consequence of filing one day early is severe. The default is voidable, the defendant gets a free do-over, and you may be ordered to pay the defendant’s attorney fees for the motion to set aside. Always add a two-day cushion before filing.

Substituted Service Adds 10 Days

Substituted service under CCP section 415.20 — leaving the papers with a competent adult at the defendant’s home or business and mailing a copy — is deemed complete on the tenth day after mailing. The 30-day answer clock then begins, giving the defendant effectively 40 days from the mail date.

Failing to add the 10 days is the most common rookie error in unlawful detainer and small claims collection. The clerk’s office in Los Angeles Superior Court reports rejecting thousands of CIV-100 filings every year for this exact reason.

The misconception is that substituted service “counts” the day the papers were dropped off. It does not. Service is complete on day 10 after the mailing, and the answer is due 30 days later, for a total of 40 days minimum.

Service by Publication, Mail, and Out-of-State

Service by publication under CCP section 415.50 is complete on the 28th day after the first publication, then the 30-day answer clock starts. Service by mail with notice and acknowledgment under CCP section 415.30 is complete only when the defendant signs and returns the acknowledgment. Out-of-state defendants served personally also get 30 days under CCP section 412.20, but the practical reality is that you should add mailing time and verify the proof of service is on file.

Federal Law Foundations

Before California rules apply, federal law sets the floor. The Servicemembers Civil Relief Act, 50 U.S.C. § 3931, requires every plaintiff seeking a default judgment to file a sworn declaration stating whether the defendant is in active military service. This is not optional, and CIV-100 includes the declaration on page 2.

The plain-English rule is simple: you cannot take a default against an active-duty servicemember without a court-appointed attorney to protect their interests. The consequence of lying or guessing on the SCRA declaration is that the judgment is voidable for up to one year after the servicemember leaves active duty under 50 U.S.C. § 3931(g).

A real example: in Davidson v. General Finance Corp., a creditor entered default against a deployed soldier without checking the Defense Manpower Data Center database, and the judgment was vacated three years later, with the creditor ordered to refund all collected funds plus interest. A common misconception is that you can “skip” the SCRA box if you do not know the defendant’s status — you cannot. You must check the DMDC SCRA website and attach the result.

The Fair Debt Collection Practices Act, 15 U.S.C. § 1692, also overlays consumer debt defaults. If the plaintiff is a debt buyer, additional documentation under California’s Fair Debt Buying Practices Act, Civil Code section 1788.50, is required, and CIV-100 must be paired with proof of the chain of assignment.

Line-by-Line Walkthrough of CIV-100

The form has a caption, eight numbered sections, an SCRA declaration, a memorandum of costs, a declaration of mailing, and a clerk’s certificate. Each box has a purpose, and each empty box is a reason for rejection.

The Caption Box

The caption at the top requires the attorney or party without attorney name, State Bar number if any, address, telephone, email, and the name of court and case number. The “Attorney For” line must say Plaintiff or Plaintiff in Pro Per — never “Self” or “Me.” The case number must match the complaint exactly, including any “LC,” “BC,” or “VC” prefix used in Los Angeles County.

A tiny typo here, like swapping a 0 and an O, sends the form to the wrong file or generates a “no case found” rejection. The consequence is days of delay, and if the statute of limitations is close, you can lose the right to refile.

A common misconception is that the email line is optional. Under California Rules of Court, rule 2.251, self-represented parties who consent to electronic service must list a working email, and many courts require it for e-filing.

Section 1: Entry of Default

Section 1 is where you check the box requesting entry of default and identify the defendants in default. You must list each defaulting defendant by name, exactly as named in the complaint. If you sued John Smith aka John Q. Smith dba Smith Plumbing, you must use the full string.

The consequence of mismatched names is that any later judgment is unenforceable against the real person. Courts have refused to issue writs of execution where the CIV-100 said “John Smith” but the complaint said “Jonathan Smith.” Always cut and paste from the complaint.

If some defendants answered and others did not, you can take default only against the non-responders. The case continues against the answering defendants, and the clerk will hold the defaulting parties’ liability in abeyance until the rest of the case resolves under the one-judgment rule from Mochizuki v. Superior Court (1988).

Section 2: Judgment Requested

Section 2 is the heart of the form for contract and sum-certain cases. You list:

  • 2a. Demand of complaint (the principal you sued for)
  • 2b. Statement of damages (CIV-050) amounts, used in personal injury cases under CCP section 425.11
  • 2c. Interest, calculated under Civil Code section 3289 at 10% per year for contracts unless a different rate is in writing
  • 2d. Costs (must match the MC-010 memorandum)
  • 2e. Attorney fees (only if a contract or statute authorizes them)
  • 2f. Total

You may not request more than the complaint demanded. This is the due process rule from Becker v. S.P.V. Construction Co. (1980) 27 Cal.3d 489, and it is jurisdictional. If you sued for $9,500 and your interest plus costs push the total to $10,200, the clerk can only enter judgment for $9,500 plus statutory costs and post-complaint interest.

The consequence of overreaching is that the entire judgment is void, not just the excess. A creditor who asked for $250 over the prayer in Greenup v. Rodman (1986) 42 Cal.3d 822 lost the entire $40,000 judgment.

Section 3: Dismissal of Doe Defendants

Before the clerk enters a clerk’s judgment, all Doe defendants and any unserved cross-defendants must be dismissed. Section 3 lets you check a box to dismiss them with the same filing. If you skip this in a contract case, the clerk cannot enter judgment because the case is not “ripe.”

A common misconception is that Does can be left in for later amendment. Once you take judgment, the case is over for that defendant, and the one-judgment rule prevents later amendment to add the Doe.

Section 4: Declaration of Mailing

CCP section 587 requires the plaintiff to mail a copy of the CIV-100 to each defaulting defendant at their last known address before the clerk will enter default. Section 4 is the sworn declaration that you did so, with the date and address.

If the defendant’s address is unknown despite reasonable diligence, you check the box stating that and explain. The consequence of a false 587 declaration is that the default is void, and you can be sanctioned for perjury under Penal Code section 118.

Section 5: Memorandum of Costs

Costs recoverable on default are listed in CCP section 1033.5 and include the filing fee, process server fee, and statutory service costs. Section 5 of CIV-100 is a short-form memorandum, sufficient for clerk’s judgments. For complex costs, attach the longer MC-010.

You may not include attorney travel, photocopies, or “office overhead.” A common misconception is that you can recover the cost of hiring a paralegal — you cannot, unless a statute or contract specifically allows it.

Section 6: Declaration of Nonmilitary Status

Section 6 is the SCRA declaration. You must state, under penalty of perjury, the basis for your belief that the defendant is or is not in military service. Attaching the DMDC SCRA report for each defendant is the gold standard.

If you cannot determine status, you must say so and post a bond, and the court will appoint counsel for the absent servicemember. The consequence of guessing is a void judgment plus federal liability under 50 U.S.C. § 3931(c).

Section 7: Declaration Under CCP § 585.5

For consumer debt cases, CCP section 585.5 requires a declaration that the action is not on a “consumer credit contract” subject to the Unruh Act, or, if it is, that venue is proper in the county of the defendant’s residence or signing.

The consequence of wrong venue in a consumer credit case is mandatory transfer and possible sanctions under CCP section 396b.

Section 8: Signature and Verification

The plaintiff or the attorney signs under penalty of perjury. A digital or “/s/” signature is acceptable for e-filed documents under Rule of Court 2.257. A wet signature is required for paper filings in many smaller counties.

Three Real-World Scenarios

The form behaves differently depending on the case type. Below are the three most common situations and the consequences of each filing decision.

Filing Situation Result and Consequence
Contract case for $5,000 invoice, defendant served personally, 35 days passed, SCRA report attached Clerk enters default and judgment same day under CCP § 585(a); writ of execution available within 24 hours
Personal injury case, statement of damages served, 30 days passed Clerk enters default only; plaintiff must request prove-up hearing under CCP § 585(b) and present live testimony or declarations
Unlawful detainer, 5-day answer expired, tenant did not respond Clerk enters default; plaintiff files UD-110 for judgment of possession, then schedules damages prove-up
Mistake on CIV-100 What Happens Next
Filed on day 29 instead of day 31 after personal service Default is voidable; defendant moves under CCP § 473.5 and wins set-aside plus fees
Asked for $12,000 when complaint demanded $10,000 Entire judgment void per Greenup v. Rodman; case must be re-served with amended complaint
Did not dismiss Doe defendants in section 3 Clerk refuses to enter judgment; case stalls until CIV-110 is filed
Strategic Decision Practical Effect
Attaching DMDC SCRA report rather than just checking the box Bulletproofs judgment against later 50 U.S.C. § 3931 attack
Filing CIV-100 with companion CIV-120 for a default judgment in unliquidated case Speeds prove-up scheduling by 30–60 days in busy counties
Pairing CIV-100 with MC-012 for post-judgment costs Captures enforcement costs without filing a separate motion

Three Named-Person Examples

Example 1: Maria Sanchez, Small Business Owner

Maria, who runs Sanchez Catering LLC in Fresno, sued a corporate client for an unpaid $7,800 invoice in Fresno Superior Court. The defendant was served personally on March 3, 2026, and never answered. On April 6, 2026 — day 34 — Maria filed CIV-100 with sections 1, 2, 4, 5, 6, and 8 completed, attached the DMDC SCRA report, and dismissed Does 1–10 in section 3.

Because her contract had a written interest provision of 12%, she calculated interest under Civil Code section 3289(a) and listed it on line 2c. The clerk entered default and judgment the same afternoon, and Maria had a writ of execution by week’s end. The consequence of her careful timing: zero risk of set-aside.

Example 2: David Chen, Pro Per Landlord

David served a 3-day notice to pay rent or quit, then filed an unlawful detainer in Santa Clara Superior Court. His tenant was served by substituted service on May 1, 2026, with mailing the same day. The 5-day answer under CCP section 1167 plus the substituted-service 10-day rule meant the tenant’s deadline was May 16.

David filed CIV-100 on May 17, paired with UD-110, and got a judgment of possession plus a writ. He correctly checked the box in section 2 reserving damages for prove-up, because his lost-rent damages exceeded the prayer.

Example 3: Priya Patel, Personal Injury Plaintiff

Priya was rear-ended by an uninsured driver in San Diego. She filed suit and served a Statement of Damages (CIV-050) demanding $75,000 in general damages and $15,000 in special damages, as required by CCP section 425.11. The defendant did not answer.

Priya filed CIV-100 requesting entry of default only, because tort damages are unliquidated and the clerk cannot enter judgment. She then filed CIV-100 with CIV-120 and scheduled a prove-up hearing where she presented medical records and her treating physician’s declaration. The judge entered judgment for $68,400.

Mistakes to Avoid

The following errors are the most frequent reasons clerks reject CIV-100 or judges set aside defaults:

  • Filing before the answer deadline expires, which makes the default voidable under CCP section 473 and exposes you to the defendant’s attorney fees.
  • Requesting more money than the complaint’s prayer, which voids the entire judgment under Greenup v. Rodman and forces re-service of an amended complaint.
  • Failing to dismiss Doe defendants before requesting clerk’s judgment, which keeps the case open and prevents the writ.
  • Skipping the Servicemembers Civil Relief Act declaration or attaching a DMDC report dated more than a few weeks before filing.
  • Mailing the CIV-100 to the wrong address or omitting the section 4 declaration of mailing required by CCP section 587.
  • Listing pre-judgment interest at the wrong rate, such as 10% on a contract that specifies 6%, which causes the clerk to refuse the proposed judgment.
  • Forgetting the CCP section 585.5 consumer-credit declaration when the underlying contract is consumer debt, which mandates venue scrutiny.
  • Using an outdated revision of the form, which clerks reject on sight.
  • Including non-recoverable costs like postage or paralegal time in section 5, contrary to CCP section 1033.5(b).
  • Misnaming the defendant compared to the complaint caption, which makes any later writ of execution unenforceable.

Do’s and Don’ts

Do’s:

  • Do verify the answer deadline using both the proof of service and the CCP section 415 service rules, because miscounting is the top cause of set-aside.
  • Do attach the DMDC SCRA report for every defendant, because it forecloses federal challenges later.
  • Do mail the CIV-100 to each defaulting defendant before filing, because CCP section 587 requires it as a precondition.
  • Do dismiss Doe defendants in section 3 if you are seeking a clerk’s judgment, because the case must be ripe for final judgment.
  • Do file companion forms like CIV-120 and MC-010 at the same time, because it shortens prove-up scheduling by weeks.

Don’ts:

  • Don’t file CIV-100 by fax in counties that require e-filing, because the filing will be deemed not received.
  • Don’t request damages above the complaint’s demand, because this triggers the Becker and Greenup due-process bar.
  • Don’t forget the wet or “/s/” signature on every declaration, because an unsigned form is treated as not filed.
  • Don’t list “TBD” or “unknown” in section 2 totals, because the clerk requires a specific dollar amount.
  • Don’t rely on a process server’s date stamp without checking the proof of service (POS-010) for accuracy, because errors there flow into your CIV-100.

Pros and Cons of Default Judgments

Pros:

Cons:

  • Defaults can be set aside within six months under CCP section 473(b) for excusable neglect.
  • Defaults entered without proper service are void at any time under CCP section 473(d).
  • Servicemember defendants get extended set-aside rights under 50 U.S.C. § 3931.
  • Collection requires additional filings like WG-001 for wage garnishment.
  • Some defendants have no assets, leaving the judgment uncollectable despite the win.

Filing Fees and Costs

Filing CIV-100 itself is free in California superior courts, because the original complaint filing fee already covers post-complaint clerk activity. However, related forms have fees under the statewide uniform civil fee schedule.

The complaint filing fee ranges from $30 (small claims under $1,500) to $435 (unlimited civil over $25,000). A fee waiver (FW-001) is available for low-income filers under Government Code section 68631. Recoverable costs include the complaint filing fee, the proof-of-service fee, and the writ of execution fee, all listed on MC-010.

A common misconception is that the plaintiff pays a fee to “enter default.” There is no such fee, but there is a $40 fee for each writ of execution under Government Code section 70626. The consequence of skipping recoverable costs in section 5 is that you cannot recover them later without a separate motion.

Setting Aside a Default — What Defendants Can Do

Defendants who lose by default have several escape hatches, and plaintiffs must understand them to protect their judgment. The most common is CCP section 473(b), which gives the defendant six months to move to set aside on grounds of mistake, inadvertence, surprise, or excusable neglect.

If service was defective, CCP section 473.5 extends that window to two years, and CCP section 473(d) allows attack at any time for void judgments. The leading appellate case, Trackman v. Kenney (2010) 187 Cal.App.4th 175, confirms that defective service voids the judgment.

A real-world misconception is that the six-month clock starts at judgment. It actually starts at entry of default, which is earlier, so plaintiffs should record their judgment and begin enforcement promptly. The consequence of waiting is that a defendant with a colorable excuse may unwind months of collection work.

Companion Forms You May Need

CIV-100 rarely travels alone. Plan to file or have ready:

Key Cases and Statutes Recap

The bedrock authorities every CIV-100 filer should know:

FAQs

Can I file CIV-100 if the defendant filed a demurrer instead of an answer?

No. A timely demurrer is a “response” under CCP section 585, so the defendant is not in default. You must wait for the demurrer ruling and any further answer deadline.

Do I need a lawyer to file CIV-100?

No. Self-represented plaintiffs file CIV-100 every day, and the California Courts Self-Help Center provides free guides. However, complex SCRA or consumer-credit issues may benefit from attorney review.

Can I include attorney fees if my contract allows them?

Yes. Under Civil Code section 1717, a contractual fee clause supports recovery, but the clerk only awards the schedule amount unless a judge approves more after a noticed motion.

Is a CIV-100 default judgment dischargeable in bankruptcy?

Yes. Most default judgments are general unsecured debts and dischargeable under 11 U.S.C. § 727, unless fraud or willful injury is proven in an adversary proceeding.

Can I e-file CIV-100 in every California county?

Yes. As of 2026, every superior court accepts e-filing through approved providers listed on the Judicial Council e-filing page, though some smaller counties also accept paper.

Will the clerk enter judgment the same day I file CIV-100?

Yes. In a liquidated contract case with all sections completed correctly and SCRA report attached, many clerks enter default and judgment within 24–48 hours under CCP section 585(a).

Do I need a separate proof of service for the CIV-100 mailing?

No. Section 4 of CIV-100 itself is the sworn declaration of mailing required by CCP section 587, so a separate POS-030 is not required.

Can a default judgment exceed the complaint’s prayer with interest?

No. Pre-judgment interest is part of the recovery cap under Greenup v. Rodman, so the principal plus interest plus costs cannot exceed the prayer plus statutory costs.

Is the SCRA declaration required if the defendant is a corporation?

Yes. Even though corporations cannot serve in the military, the Judicial Council form requires the declaration for every defaulting defendant, including entities, with a notation of corporate status.

Can I take default against one of several defendants?

Yes. You may take default against non-responding defendants while the case proceeds against the rest, but the clerk holds final judgment until the entire case resolves under the one-judgment rule.

What if I discover a mistake on CIV-100 after filing?

Yes, you can fix it. File an amended CIV-100 promptly and notify the defendant under CCP section 473(a)(1), because uncorrected errors may void the judgment.

Does CIV-100 work for small claims cases?

No. Small claims uses SC-100 procedures, and defaults are handled by the clerk without CIV-100. CIV-100 is for limited and unlimited civil cases only.

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