If no response is filed within the deadline, the plaintiff can ask the court for a default judgment. It can lead to wage garnishment and bank levies and lasts 10 years in California. In some cases the court can set it aside, but the time to ask is limited.
From missed deadline to judgment
- The 30-day response period after service passes with nothing filed.
- The plaintiff asks the clerk to enter a default (CCP §585).
- The court enters a judgment, usually for the amount claimed plus costs.
Many people learn of the case only at this stage, often because they moved or the papers went to an old address.
What the creditor can do next
- Garnish wages through an earnings withholding order.
- Levy a bank account.
- Record a lien against real property.
A California money judgment lasts 10 years and can be renewed (CCP §683.020). Interest accrues on it.
Asking the court to set it aside
Common routes: mistake or excusable neglect, generally within six months (CCP §473(b)); not receiving actual notice in time to defend, with its own time limits (CCP §473.5); and defective service, which can make a judgment void. Which one fits depends on the record, so check the Proof of Service early.
Settling after judgment
A judgment can still be negotiated. A written agreement should cover the amount, payment terms, release of any levy or garnishment, and a filed satisfaction of judgment once paid.
Frequently asked questions
Can a default judgment be removed from my credit report?
Public court judgments are not usually on the major credit reports today, but the judgment remains enforceable.
How long do I have to ask to set it aside?
Often six months for mistake or excusable neglect. Other grounds have different limits, so move quickly.
Will they take everything?
No. California exempts part of your wages and some assets, but garnishment can still be significant.