To fill out California’s Form CIV-100 (Request for Entry of Default), a plaintiff enters the case and party information, checks the Entry of Default box (and any Clerk’s Judgment or Court Judgment options as needed), and signs and files the form after the defendant’s response period has passed.
- 📑 Definition & Use: Learn what Form CIV-100 is and when it’s required in California civil cases.
- 📝 Step-by-Step Guidance: Get a field-by-field walkthrough of CIV-100, including exactly what information goes in each section.
- ⚠️ Common Pitfalls: Identify frequent mistakes (missed deadlines, incorrect checkboxes, service errors) and how to avoid them.
- ⚖️ Comparisons: See how CIV-100 compares to similar tools (Florida’s FL-165 and federal Rule 55) and how Judicial Council rules shape the process.
- ✅ Key Concepts & Examples: Understand crucial terms (default, default judgment, clerk vs court entry) and learn from real-world scenarios and case rulings.
What Is Form CIV-100 and When to Use It?
Form CIV-100 is California’s official Judicial Council form for requesting a default. A plaintiff (or petitioner) in a California Superior Court civil case uses CIV-100 when a defendant fails to respond to the complaint within the legal deadline.
Filing CIV-100 tells the court that the defendant did not answer on time, effectively stopping the defendant from further participating in the case. In practice, CIV-100 can be used in any civil case (including contracts, personal injury, etc.) and is also used in unlawful detainer (eviction) cases (with special checkboxes). Notably, CIV-100 is mandatory for default requests in most cases; the form itself is labeled “Form Adopted for Mandatory Use” by the Judicial Council. (One exception: cases under the Fair Debt Buying Practices Act use a different form, CIV-105, instead.)
When a defendant ignores a properly served summons and complaint, the plaintiff can prepare CIV-100. The form’s first page includes the court name, case number, and parties’ names, just as on the original complaint. It then provides checkboxes to request Entry of Default and to request a default judgment either by the clerk or by the court.
Item 1 on CIV-100 lets the plaintiff explain when the complaint was filed and list which defendant(s) are in default. Additional parts of the form (on page 2) include space for required declarations, such as mailing the form to the defendant and any cost or damages declarations. Filling out CIV-100 correctly triggers the clerk of the Superior Court to enter the default on the case docket and move the case toward judgment.
If you have a court case and the defendant didn’t answer in time, CIV-100 is how you formally ask the California court to move forward. This entry of default is the first step toward getting a default judgment, which can award damages, restitution, or other relief without a trial.
Key Legal Terms and Entities
Understanding CIV-100 requires knowing some legal terms and the roles of courts and people:
- Default and Default Judgment: A default is when a defendant fails to respond to the lawsuit on time. An entry of default is the clerk’s official note that the defendant is in default. A default judgment is the court’s decision (often a money award or eviction order) entered in favor of the plaintiff because the defendant did not defend. California law (CCP §§585–587) sets strict rules for defaults. Importantly, any default judgment must not exceed what was demanded in the complaint (per CCP §580(a) – as reaffirmed in Sass v. Cohen, 2020), so plaintiffs must carefully state their requested relief.
- Clerk’s Judgment vs. Court Judgment: CIV-100 allows two paths for default judgments. A Clerk’s Judgment (under CCP §585(a)) can be entered without a hearing if the case involves a fixed-sum obligation (like an undisputed contract debt). A Court Judgment (under CCP §585(b) or (c)) generally requires a judge’s review or a prove-up hearing. On the form, you check “Clerk’s Judgment” if you meet those criteria, or check “Court Judgment” if you need judicial confirmation. If neither box is checked, CIV-100 by itself only seeks the entry of default (no immediate judgment).
- Judicial Council of California: This is the governing body that creates uniform court rules and forms. CIV-100 is a Judicial Council form, meaning it must be used statewide in Superior Courts. The form version and instructions are updated periodically by the Judicial Council.
- Superior Court and Court Clerk: CIV-100 is filed in the Superior Court (the trial court) of the county where the case is pending. The Clerk of Court is the official who processes filings. When you submit CIV-100, the clerk reviews it; if everything is in order, the clerk “enters” the default into the record. For a clerk’s judgment request, the clerk can sometimes issue the money judgment immediately. Otherwise, the form may lead to a judge’s hearing scheduling.
- Parties: Plaintiff/Petitioner and Defendant/Respondent: In CIV-100, the lawsuit participants are labeled Plaintiff (on the left) and Defendant (on the right). In family or probate cases “Petitioner” and “Respondent” might be used interchangeably. The plaintiff (or petitioner) is the party asking for the default; they sign CIV-100. Each defendant (or respondent) who hasn’t answered is listed in Item 1(c) as defaulted.
- Legal Document Assistant (LDA): If the form was prepared by an LDA (a non-lawyer professional), their name, registration number, and contact info go in Item 4 on page 2. If no LDA was used, this section can remain blank. California law requires LDAs to identify themselves on all court forms they prepare.
- Code of Civil Procedure (CCP): This is the set of statutes governing civil procedure in California. CIV-100 cites CCP §§585–587 (default procedures) and §1169 (unlawful detainer). These code sections define when defaults can be entered and how judgments work. Knowledge of these sections helps ensure CIV-100 is used correctly.
When to File CIV-100: Timing and Service Requirements
Deadlines: California gives a defendant 30 days to respond to a complaint (longer for substituted service or if served outside the state). Specifically, if the defendant was personally served within California, the answer is due 30 days after service. If the complaint was served by substitute service or by publication, the deadline is effectively 40 days (30 days plus 10 days for the mailing). Importantly, a defendant can technically file an answer at any time up until the default is entered. Therefore, plaintiffs often file CIV-100 as soon as the deadline passes. For example, if you personally served the complaint on June 1, you could file CIV-100 on July 2 (the 31st day) if no answer has come in.
Serving the Form: Before or when filing CIV-100, you must mail a copy of it to each defendant (or their attorney) who is being defaulted. The form itself includes a Declaration of Mailing (Item 6) to record this. Under CCP §587, you cannot enter default until you have mailed CIV-100 to the defendant’s address. Common practice is to have someone else (age 18+) mail the copies and then sign the declaration. If you skip mailing (or screw up the address), the clerk may reject the default request or the default judgment could be void.
Proofs and Attachments: Along with CIV-100, the plaintiff must ensure certain documents have been properly served and filed before the default. These include the Summons, the complaint, and often a Statement of Damages (if the case involves personal injury/wrongful death). Often, the original Proof of Service of Summons is already on file. If you are seeking money damages, you should have served the plaintiff’s Statement of Damages (Judicial Council Form CIV-050) with the complaint; if not, you must wait another 30 days before default or the court may reject your request. In eviction (unlawful detainer) cases, certain notices (like Notice to Quit) must have been served too. Before filing CIV-100, double-check that all required pleadings and proofs of service are in order; missing these can derail a default.
Step-by-Step: How to Fill Out Form CIV-100
- Confirm Deadlines Passed: Ensure the defendant’s response period is over (typically 30 days after personal service, or 40 days after substitute service). Don’t file CIV-100 early; if the last day to respond falls on a weekend or holiday, allow until the next business day.
- Download and Copy the Form: Obtain the latest CIV-100 from the California Courts website (Judicial Council). The form has three pages. Make at least two copies of page 1 (one to serve, one to file as backup), and copy page 2 and 3 as needed.
- Fill in Court and Case Information: At the top of page 1, write the name of the Superior Court (e.g. “Superior Court of California, County of Fresno”) and the branch address if required. Enter the full Case Number exactly as assigned. On the left, write the Plaintiff’s name (or Petitioner) as shown in the complaint; on the right, write the Defendant’s name (or Respondent). Do not abbreviate or use nicknames.
- Check the Boxes for Your Request: Under “REQUEST FOR (Application)” on page 1, check Entry of Default. If you also want a default judgment now, decide which type:
- Clerk’s Judgment: Check this if your case involves a fixed-amount claim (like a written contract for money) where the amount due is stated in the pleadings. This asks the clerk to enter judgment without a hearing (per CCP §585(a)). Remember, a declaration under CCP §585.5 (on page 2) will be required to justify it.
- Court Judgment: Check this if you need a judge to decide your damages (e.g. non-liquidated claims or demands exceeding what’s stated in the complaint). This will typically lead to a prove-up hearing under CCP §585(b).
It’s not required to check a judgment box. If you only want to cut off the defendant’s defenses now and do the judgment later, you may leave them unchecked and just file for default entry.
- Complete Item 1 – Default Details:
- a. Date filed: In item 1(a), put the date the original complaint (or cross-complaint) was filed with the court.
- b. Who filed: In 1(b), write the name of the person or entity who filed the complaint (typically the plaintiff or the plaintiff’s attorney).
- c. Default of defendant(s): In 1(c), write “Enter default of defendant” and then name each defendant who did not respond. If there are multiple defendants in default, list them all by name. This tells the court exactly who is in default.
- Fill in Judgment Amounts (if seeking judgment now): If you checked either judgment box and want money, use part 1(e) on page 1:
- Restitution (UD only): If this is an eviction case (see next step), subsection (1) applies for restitution of the premises; skip the money columns.
- 585(a) Judgment: If you checked Clerk’s Judgment under 585(a), complete the required declaration on page 2 (item 5). You can also check box (2) to note you want a 585(a) judgment and have completed item 5 on page 2.
- Previously Entered Default: If you already obtained a default earlier, check box (3) and give the date it was entered.
- Judgment Totals: Under “Judgment to be entered,” fill in the table of amounts. In line (a) write the total Demand of Complaint. Lines (b) list any Special and General Damages (attach CIV-050 if special/general amounts apply). Include line (c) Interest (from what date, at what rate), line (d) Costs, and line (e) Attorney fees (if claimed in the complaint). The TOTALS line (f) is the sum of all. If you are not asking for any amounts yet (for example, doing possession only in eviction), check “Costs and disb. waived” and leave numbers blank. Be sure all figures match any supporting declaration of damages.
- Unlawful Detainer (Eviction) Box: If your case is an unlawful detainer (eviction) action, check the “Unlawful detainer” box at item 3 on page 1. In an eviction default, you typically seek only possession of the property (and sometimes rent). For an eviction, you would often check Entry of Default and Clerk’s Judgment (subsection 1e(1) for restitution of premises). Note that CCP §1174(c) does not apply (meaning rent can still accumulate). After CIV-100, the landlord uses form UD-110 (Judgment-Unlawful Detainer) to finalize possession or damages.
- Page 2 Declarations: Turn to page 2 and complete as follows:
- Item 4: If a Legal Document Assistant or UD Assistant prepared the form, check the box and fill in their registration number, name, address, and telephone. If none was used, leave blank.
- Item 5 (CCP 585.5 Declaration): If you asked for a Clerk’s Judgment (585(a)) in a contract or debt case, you must fill out this declaration. It includes checkboxes describing the nature of the obligation (e.g., “This action involves a contract…” or “Rental of real property…”). Check the statements that apply and initial the final line to swear their truth. If you did not request a 585(a) judgment (or it’s an eviction under CCP 1169/1174), skip item 5.
- Item 6 (Declaration of Mailing): This is critical. Check item 6(b) and write the date you mailed CIV-100 to each defendant or their attorney (by first-class mail). List each name and address exactly as the envelope. For example, “Mailed on July 2, 2025 to John Doe at 123 Main St, Los Angeles CA.” The declarant (person who mailed it) signs below, certifying under penalty of perjury that mailing occurred. This proves the defendants received notice of your default request. If you did not mail any copy (rare and not advisable), check 6(a) and explain.
- Item 7 (Memorandum of Costs): If you are seeking money and want costs recovered, list them here. Line (a) for your clerk’s filing fee, (b) for process server fees, (c) for other fees (e.g., certified copies). Add them and enter the total on (d). If you’re not asking for money now (or have agreed to waive costs), check line (f) “Costs and disbursements waived.” Finally, sign the memo to certify accuracy.
- Signature and Date: On page 1 (and again on page 2 under the declarations), sign and date the form. On the signature line on page 1, sign as Plaintiff or Attorney for Plaintiff. Print your name beneath. If you signed on page 2, sign under the mailing declaration as the declarant. Unsigned CIV-100 is invalid.
- Final Steps – Serve and File: Before filing with the court clerk, serve (mail) the form as noted above. Then file the original CIV-100 (pages 1-3) with the court clerk, along with one copy of page 1 for each defendant and the mailing copy. Also file any supporting documents: proof of service of the summons, Statement of Damages (if used), Venue Declaration, and Memorandum of Costs. The clerk will review these. If all is correct, they will stamp the form and officially enter the default. Keep file-stamped copies for your records.
Detailed Field Breakdown
Below is a table summarizing each key field or section of CIV-100 and what to put in it:
| Field or Section | Instructions / Explanation |
|---|---|
| Court name, branch, address | Write the exact name of the California Superior Court handling the case (county name, branch location). Include branch address if required. |
| Plaintiff/Petitioner name(s) | List the name(s) of the party who filed the lawsuit (as on the complaint). |
| Defendant/Respondent name(s) | List the name(s) of the party or parties being sued (as on the complaint). |
| Case Number | Enter the court-assigned case number (e.g., “23CV123456”). |
| Attorney or Party Without Attorney | If represented, fill in your attorney’s name, state bar number, firm, and contact info. If self-represented, write your name under “Name” and check “Party without attorney.” |
| “Request for” checkboxes | Check Entry of Default. If qualified under CCP §585(a), check Clerk’s Judgment. If you plan to ask the court for a judgment, check Court Judgment. You can check either or both of the latter depending on your case. |
| Item 1(a) – Filing date | Fill in the date when the complaint (or cross-complaint) was filed in court. |
| Item 1(b) – Filed by (name) | Enter who filed the complaint (e.g., Plaintiff’s name or attorney’s name). |
| Item 1(c) – Default of defendant(s) | Write “Enter default of defendant” and list each defendant’s full name who failed to respond. |
| Item 1(d) – Request for Court Judgment | Check and fill in if you want a court default judgment (CCP 585(b)-(c)). Write in the defendant’s name(s) here too. |
| Item 1(e)(1) – UD Restitution | For unlawful detainer only: check this for restitution (possession) only. Include UD details per CCP 1174, if applicable. |
| Item 1(e)(2) – Clerk Judgment (CCP 585(a)) | For a liquidated claim: check this box. Indicates you want a clerk-entered judgment under CCP 585(a). |
| Item 1(e)(3) – Date of prior default | If default was already entered, write that date here; leave amounts blank (the default is already on record). |
| Judgment Amounts table (1e below) | Fill in monetary amounts here: (a) Total demand of complaint, (b1) special damages, (b2) general damages (attach CIV-050 if used), (c) interest, (d) costs, (e) fees, and (f) the total. Use this if requesting money. |
| Item 3 – Unlawful Detainer | Check the UD box if this is an eviction/unlawful detainer case. This adjusts how the request is processed (primarily for repossession). |
| Item 4 – LDA/UD Assistant | If a non-attorney prepared the form, check and fill in their info (LDA or UD assistant number, name, address). If not, skip. |
| Item 5 – CCP §585.5 Declaration | Complete only if seeking a CCP 585(a) clerk’s judgment. Check statements about the nature of the claim (e.g., contract, lease) and initial last line to swear to them. |
| Item 6 – Declaration of Mailing | Check (b), write mailing date, and list names/addresses of recipients of this form (everyone notified). Check (a) only if no mailing done (very rare). Sign and date as declarant. |
| Item 7 – Memorandum of Costs | List the fees and costs incurred: clerk’s filing fee, process server fee, other, and total. Check “waived” if no costs will be recovered. Sign at the bottom. |
| Signature lines | On page 1, sign next to “Signature of Plaintiff or Attorney.” On page 2, sign the declaration of mailing and the costs memo. Always date your signatures. |
Real-World Scenarios
| Scenario | How CIV-100 Is Used |
|---|---|
| Single defendant misses 30-day deadline in a breach of contract suit: | The plaintiff files CIV-100, checks Entry of Default and Clerk’s Judgment (since the debt is fixed by contract). They fill in the amount owed in the judgment table and attach the Declaration 585.5. After filing and mailing, the clerk can enter a default judgment for the specified sum. |
| Single defendant misses answer in a tort case (non-liquidated damages): | The plaintiff files CIV-100, checks Entry of Default and Court Judgment (no fixed sum is on paper). They then schedule a prove-up hearing or submit evidence of damages. The court will determine the final amount at the hearing. |
| Multiple defendants; one defaults, others answered: | The plaintiff may file CIV-100 only for the defaulting defendant(s). List the defaulting defendant(s) in item 1(c) and proceed just against them. The defendant who answered remains in the case (or may be joined for judgment later). |
| Eviction case, tenant doesn’t respond to unlawful detainer suit: | The landlord files CIV-100, checks Entry of Default and UD box, and under (1e)(1) requests “restitution of premises only.” No money amounts are filled in (just restitution box). The landlord then proceeds with a UD-110 judgment and Writ of Possession. |
| Debt collection (like credit card suit) where defendant ignores summons: | Similar to a contract case. File CIV-100 with Clerk’s Judgment checked, list the owed amount and interest. Because default judgments are very common in debt suits, this streamlines the debt recovery process. |
| Case where defendant tried to litigate but failed to follow rules: | If an answer was filed late or improperly (e.g. unsigned), it may be disregarded. The plaintiff can seek default by filing CIV-100 once it’s clear the initial deadline passed. This must be done carefully, ensuring all procedural rules were originally met. |
Common Mistakes (and How to Avoid Them)
- Filing Too Early: Plaintiffs sometimes file CIV-100 before the 30/40 day deadline. Courts will reject a default entered before the deadline. Tip: Double-check your service date and count the days carefully (use court days for the final stretch if substituted service was used).
- Not Serving the Form: A big error is forgetting to mail CIV-100 to the defendant. California requires mailing a copy before default entry. Tip: Always fill out and sign the Declaration of Mailing (Item 6) and keep proof of mailing.
- Wrong Checkboxes: Some filers check Clerk’s Judgment without qualifying. That box should only be checked if CCP §585(a) applies (fixed sum due). Checking the wrong box can cause delays. Tip: If in doubt, consult CCP 585 or check only Entry of Default and get judgment later.
- Incomplete Amounts: If requesting money, errors in the judgment table are common (omitting interest, costs, or miscalculating totals). Tip: Cross-verify every figure with your complaint and any Statement of Damages. Attach proof if needed.
- Missing Attachments: Forgetting required attachments (like CIV-050 for damages, venue declarations, or proof of service) can invalidate the default. Tip: Gather all supporting documents before filing CIV-100 and submit them together.
- Unsigned Form: An unsigned CIV-100 is invalid. Tip: After filling, review that you have signed and dated every required signature line on both pages.
Comparing CIV-100 with Other Default Procedures
California’s CIV-100 is unique to state court, but many places have their own default forms or rules. Here’s a quick comparison:
| Form/Rule | Jurisdiction & Use |
|---|---|
| CIV-100 (CA) | California Superior Court form to request entry of default in civil cases. Mandatory statewide form for defaults. |
| FL-165 (Florida) | Florida Family Law form for requesting default in divorce/dissolution cases. Not used for general civil matters. |
| Federal Rule 55 | Federal civil procedure (all U.S. District Courts). No uniform form – defaults are noted via clerk entries and motions. |
In federal court (FRCP 55), there is no official numbered form like CIV-100. Instead, a clerk automatically notes a default if no response is filed, and parties use motions or declarations for a default judgment. Unlike California’s mandatory Judicial Council forms, federal courts rely on local rules and the FRCP text.
Pros and Cons of Using Form CIV-100
| Pros | Cons |
|---|---|
| Efficient, Uniform Process: CIV-100 is an official Judicial Council form, so it standardizes how defaults are requested across California. | Strict Requirements: The form must be perfect – any error in dates, service, or figures can doom your default request. |
| Stops Defendant’s Defense: Entering default cuts off the defendant’s right to answer or appear (unless a judge sets aside the default). | Not Automatic Winning: Entry of default doesn’t grant relief itself. You still must follow up with judgment paperwork or hearing. |
| Clerk’s Judgment for Simple Cases: In clear money-debt cases, checking the clerk’s judgment box can get a quick, unopposed judgment without a hearing. | Limited Scope: Clerk’s judgment only applies to certain claims (e.g. undisputed contracts). Complex cases require court involvement. |
| Foundation for Enforcement: Once default is entered via CIV-100, you can seek enforcement tools (writs, garnishments, etc.) sooner. | Defendant Can Move to Set Aside: A default is not final until judgment. The defendant can later ask the court to vacate the default if good cause is shown. |
| Often Used Successfully: Many lawsuits (especially debt and eviction) rely on default. CIV-100 helps move those cases forward efficiently. | Deadline Pressure: You must be vigilant about timing. Filing CIV-100 too early or too late (after good cause passes) can forfeit default. |
Key Court Cases on Default Judgments
California case law emphasizes strict compliance with default rules. A landmark case is Sass v. Cohen (2020), where the California Supreme Court held that a default judgment cannot award more damages than what the complaint demanded. In other words, CCP §580(a) is enforced strictly: if your complaint asks for $50,000, you cannot get $100,000 in a default judgment. This reinforces the need to list accurate amounts on CIV-100 and not exceed the original demand. The Sass case overruled the prior assumption that accounting claims could bypass this rule, making it clear that default judgments must stay within the complaint’s pleaded relief.
Another important principle (from older cases) is that defaults are generally granted when defendants do not answer, but judges will vacate a default if the defendant moves promptly with a valid excuse (CCP §473.5). However, courts usually require defendants to act quickly (no later than six months from judgment) and convincingly. From the plaintiff’s perspective, this means that properly serving and filing CIV-100 is crucial to avoiding collateral challenges.
While not a California case, under Federal Rule of Civil Procedure 55, courts similarly require notice and allow defaulting parties to ask to set aside entry of default. The interplay of these rules highlights why CIV-100 and its service requirements are so important: a misstep can open the door for an upset.
Frequently Asked Questions
Q: Can I file CIV-100 myself without an attorney?
A: Yes, a plaintiff may file CIV-100 pro se (without an attorney). Just follow the instructions carefully and ensure all procedural requirements (service, deadlines, etc.) are met.
Q: Does filing CIV-100 automatically give me the money I asked for?
A: No. CIV-100 is just the request to enter default. You still need to prove your claim. If you checked Clerk’s Judgment, it allows a quick judgment on a fixed-sum debt, but you must still qualify (fixed amount known, evidence submitted).
Q: If I file CIV-100, can the defendant then file a late answer?
A: No. Once the court enters the default based on CIV-100, the defendant generally cannot file an answer to oppose the case. The case proceeds toward judgment unless the default is later set aside by the court.
Q: Do I need to attach a Statement of Damages (CIV-050) with CIV-100?
A: No – not for every case. Only personal injury or wrongful death cases require a Statement of Damages per law (CCP §425.11). In other cases, you simply list any damages on CIV-100 itself or leave it blank if you’re not seeking money now.
Q: Is a hearing always required after filing CIV-100?
A: No. If you requested a clerk’s judgment (fixed debt) the clerk may enter the judgment without a hearing. But if you asked for a court judgment (especially for non-fixed claims), a hearing or judge’s review is usually required to finalize the amount of damages.
Q: Is there a fee to file Form CIV-100?
A: Yes, CIV-100 is treated as a court filing, so you pay the standard civil case filing fee (varies by county, roughly similar to the original complaint fee). If you cannot afford it, you can apply for a fee waiver.
Q: Can Form CIV-100 be used in federal court?
A: No. CIV-100 is specific to California state courts. Federal courts use Rule 55 of the Federal Rules of Civil Procedure, and defaults are managed by clerk’s entries and motions without a single standard form like CIV-100.
Q: Can I file CIV-100 now and request judgment later?
A: Yes. You may file CIV-100 with just Entry of Default checked to immediately stop the defendant from responding. You can then file for default judgment (clerk or court) separately when you have all documents ready. Likewise, you can combine them by checking a judgment box now.
Related reading
- How to Fill Out Form CIV-110 (w/Examples) + FAQs
- How to Fill Out California Form CIV-100 (w/Examples) + FAQs
- How to Fill Out California Form CIV-120 (w/Examples) + FAQs
- How to Fill Out California Form CIV-130 (w/Examples) + FAQs
- How to Fill Out California Form CIV-150 (w/Examples) + FAQs
- How to Fill Out California Form CIV-060 (w/Examples) + FAQs
- How to Fill Out California Form CIV-010 (w/Examples) + FAQs