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Ask for a default judgment for money (with or without possession)

If your tenant owes you past due rent or other money due under the lease and doesn’t file an Answer form with the court on time, you'll file a set of default judgment forms with the court to ask the judge to order your tenant move out (if you didn't do this already) and pay you the past due money (a default money judgment). 

For COVID-19 Rental Debt, 

the judge can only order your tenant to pay COVID-19 rental debt rent if you listed nonpayment as a reason for the eviction in your Notice and Complaint. If you did not, then you can't collect it as part of your eviction case. Starting November 1, 2021, you can sue them for the unpaid rent in small claims or civil court. 
 

When to ask for a default judgment

You can ask for a default judgment as soon as the tenant's time to file an Answer runs out. Your tenant has 10 days from when they were handed the Summons and Complaint (not including Saturdays, Sundays, or court holidays) to file an Answer. If they don't, on the 11th day you can ask for a default judgment. 

If you already asked for a Clerk's Judgment of Possession, and you just want an order regarding the back rent or other money owed to you under the lease, you need the money judgment to try to collect the money from your tenant's paycheck, bank account, or other places where they have money. If you did not do the Clerk's Judgment of Possession, you can use these instructions to get possession of your property back (ordering the tenant to move out) and the money at the same time.

If your server handed the forms to your tenant (even if they refused to take them and your server had to leave them nearby), your tenant has 10 days to file an Answer. 

Your tenant gets more time to file an Answer if your server

  • Gave the forms to someone else at your tenant's home or work and then mailed a copy to your tenant (this is called substituted service)
  • Posted a copy at your tenant's home and then mailed a copy to your tenant (this is called service by posting) 

If your server used substituted service or service by posting your tenant has 20 days after the server mailed the Summons and Complaint to file an Answer instead of 10 days.

  • The mailing date is the postmark date
  • Day 1 is the day after the server mailed the Summons and Complaint to your tenant
  • For the first 10 of the 20 days, count regular calendar days (every day, including weekends and court holidays). The 10th day is the day your tenant is considered served
  • Then you count 10 court days. For these 10 court days do not count Saturdays, Sundays, or court holidays. The 10th day is your tenant's deadline to file an Answer form

If the forms were served through the Secretary of State's Safe at Home address confidentiality program, the tenant has 15 court days to file an Answer.

If they don’t file an Answer by the deadline, the next day you can file forms asking the judge to order your tenant to move out.

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Your tenant can file an Answer any time before you ask for a default. This means the longer you wait to ask for a default, the more time they have to file an Answer. Once there's a default, your tenant can not file an Answer to fight the eviction.

Use a different process if you first want to ask the judge to order your tenant to move out

If you want the judge to order your tenant to move out right away, you can file a default judgment for possession only. Often, the judgment for possession only is done first because the clerk can process these forms more quickly. Then you can start the process of getting the sheriff to move your tenants out if they don't move voluntarily. 

How to get a default judgment for money a tenant owes you

  • Fill out and make copies of forms

    • Request for Court Judgment (form CIV-100)

      This is the same form used to ask for the Clerk's Judgment of Possession. To ask for the rent you're owed, check the "Court Judgment" box.

    • Declaration for Default Judgment by Court (form UD-116) 

      This is a form where you prove the amount of money you're asking the tenant to pay.

    • Judgment-Unlawful Detainer (form UD-110)

      This is a form to ask the judge to order that you have the right to have your home back. On the form, check "By Court," and "By default." 

    • Verficationby Landlord Regarding Rental Assistance-Unlawful Detainer (form UD-120)

      Only use this form if you're asking to evict your tenant for nonpayment of rent or other money due under the lease. Do not use it if you already got a Clerk's Judgment for Possession and are, now, only asking for a judgment for money you're owed.

    • Writ of Execution (Money Judgment) (form EJ-130)

      This is the form that the court issues that gives the sheriff permission to lock the tenant out of your home. If the tenant owes you money it gives the sheriff authority to collect money your tenant owes you from places they have money, such as their paycheck or bank.

    Make a copy of each form.

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    For past due rent, you can only ask for what you listed in your Complaint.

     On the Judgment, you're asked to write in how much past-due rent you're owed. You can only write in how much you listed in the Complaint, even if your tenant now owes more.

     

  • File the forms

    Take all 4 forms and the copies to the court clerk's office. Usually, the clerk will keep the forms and then mail them back to you after the judge signs them.

    There's a fee to issue the Writ of Execution. If you can’t afford the fee, you can ask for a fee waiver. You qualify for a fee waiver if:  

    • You receive public benefits  

    • Your income is less than a set amount 

    • You can’t afford the fee and meet your basic needs 

  • Start the collection process

    After you've received the forms back from the court, take the Writ of Execution form to your county sheriff's office. This allows the sheriff to evict your tenant, if you didn't do that already with a Clerk's Judgement of Possession, and to go to the other side's bank or employer and get money to send you to pay you what you are owed.

    Before you take the Writ to the sheriff's office, call them or visit their website to find out what instructions they need from you to get started. For example, if you want them to collect money from your tenant's bank account you'll need to know what bank they use and the account number. The sheriff will need other information, too.

    Learn more about collecting a judgment

     

    Return to an overview of the eviction process for landlords

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