Default judgment in small claims when the debtor never answers
Key takeaways
No answer after proper service usually means you can ask for a default judgment.
The judge may still ask you to prove the amount with documents or brief testimony.
The defendant can ask to set aside a default, so keep your file complete.
A default judgment is collected the same way as any other judgment.
How a default judgment happens
Defaults are common in money cases because many debtors never respond. In England and Wales, most county court judgments are defaults. The process in a US small claims court usually runs in this order:
Service is completed and proven
The proof of service is on file with the court.
The answer deadline passes
In Texas justice court, that is the end of the 14th day after service. Other states set their own deadlines or simply require the defendant to appear at the hearing.
You ask for the default
Some courts enter it automatically at the hearing. Others need a request or motion from you.
You prove the amount
Bring the invoice, the contract or signed quote, and proof of delivery. The judge may decide on the papers or ask a few questions.
When the debtor is a person, not a business
Before a default judgment against an individual, federal law requires a statement on whether the person is on active military duty. Courts usually provide a form for this. It does not apply when the debtor is a business.
Can a default judgment be undone?
Yes, in some cases. A defendant who missed the deadline for a good reason can ask the court for a new trial or to set the default aside, within short time limits. A complete file with clean proof of service makes that harder to win.
Questions, answered
What does default judgment mean in small claims?
It means the court rules for you because the defendant did not respond to the lawsuit or did not appear at the hearing after being properly served. You may still need to show the judge the amount owed. A default judgment has the same force as a judgment after a full hearing.
How long does a defendant have to respond in small claims?
It depends on the state. In Texas justice court, the defendant must file an answer by the end of the 14th day after being served. In some states there is no written answer, and the defendant simply has to appear at the hearing date on the notice.
Do I still have to go to court if the defendant does not respond?
Often yes. Many courts hold a short hearing or ask you to submit proof of the amount before entering a default judgment. Check the notice from the court, and bring your invoice, contract and proof of service either way.
Can I collect on a default judgment?
Yes. A default judgment can be collected with the same tools as any other judgment, such as liens, writs of execution or bank account garnishment, depending on your state. Most courts make you wait until the appeal or new trial window closes first.
Practicing barrister and founder of QuickAds. Built Easy Small Claims so small businesses can recover invoices they would otherwise write off.