How to Issue a Default Judgment

Default occurs when a party in a legal case fails to respond within the allowed time frame. According to the Utah State Courts, defendants are usually the ones who default. If the other party in a legal case in which you are involved fails to appear in court or defend his case in another way, you may be able to secure a default judgment in your favor.

Instructions

1

Find out whether the person against whom you are seeking a default judgment is in military service. Federal law prohibits judges from entering a default judgment against a service member. The Utah State Courts recommend that you obtain a certificate from the Department of Defense Manpower Data Center to prove that the person is not in the military.

2

Obtain a default judgment form from your local court and fill it out. You have to provide your name and contact details, as well as the other person's name and contact details. If the default judgment involves a money claim, you must also include the amount of the claim. You have to make a statement that the person against whom you are seeking a default judgment is not an infant, an incompetent person or a service member. You must then sign and date the form.

3

Submit the default judgment form to the court clerk. If the case involves a money claim with an amount that can be easily calculated, the clerk may issue your default judgment. In other cases, the court may have to conduct an accounting, determine the amount of judgment or investigate the case further. In such a case, the court will first send a notice to the other party in the case, review the case and conduct hearings before issuing your default judgment.