Understanding California’s CIV-100 Form: Request for Entry of Default

Legal paperwork can be a major time drain, but mastering key forms makes a significant difference in streamlining the process. In California’s civil courts, the CIV-100 form—also known as the Request for Entry of Default—is essential when a defendant fails to respond to a lawsuit within the designated time frame. 

Find the form here: CIV-100 form: Request for Entry of Default

This comprehensive guide will break down the CIV-100 form for you, explaining its purpose, providing step-by-step instructions, and offering practical tips to help you navigate this crucial legal document.

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When do you use CIV-100?

The CIV-100 form is an essential document within the California court system, particularly for attorneys in California handling civil cases. It’s used when a defendant hasn’t responded to a lawsuit within the required 30 days. For example, if a SUM-100 (Summons) form has been filed, and the defendant has not responded within 30 days, a CIV-100 form can then be filed. Check out our detailed guide on a SUM-100 form here. 

The CIV-100 notifies the court that the plaintiff—either directly or through their attorney—is requesting a default judgment against the defendant. This lets the judge make a decision in the case without needing the defendant’s input, preventing unnecessary delays.

Instances where the CIV-100 form is necessary

The CIV-100 form is used to advance a case when a defendant fails to respond. It allows you to request either a default or a default judgment. You can do both at the same time or take these steps separately.

• Requesting a default. Let’s say you’re suing a company for breach of contract and they don’t reply within the allotted time. You can use the CIV-100 form to request a default. This indicates to the court that the defendant hasn’t participated in the case. However, it doesn’t determine the amount of damages or other relief you’re entitled to.
• Requesting a default judgment. If you want the court to grant you a decision on the case and award you the relief you’ve requested, you would use CIV-100 to request a default judgment. For instance, if you’re pursuing a personal injury claim and the defendant fails to answer, you would use the CIV-100 form to request a default to acknowledge their non-response. To have the court make a final decision, you would then request a default judgment.

What happens after you file the CIV-100 form?

Once you file the CIV-100 form, the court will review your request. If approved, it will enter a default judgment against the defendant. This judgment can lead to various outcomes, like awarding damages, based on the information and evidence you provided.

When is the CIV-100 form not required?

The CIV-100 form isn’t necessary in all situations. It’s specifically used when a defendant fails to respond to a complaint, and the plaintiff or attorney takes action to seek a default judgment. 

If the defendant responds within the required timeframe or if the case is settled out of court, you won’t need to use the CIV-100 form.

What happens if you’re served CIV-100?

If a defendant is served with a CIV-100 form, it typically means the plaintiff is seeking a default judgment because of the defendant’s failure to respond. The defendant should take immediate action to address the situation, such as filing a response to the complaint or seeking legal advice. If there’s a valid reason for the nonresponse, they can request that the default be set aside.

How to complete form CIV-100: a step-by-step guide

To successfully complete the CIV-100 form and move forward with your case, follow these essential steps.

• Verify the deadline: Ensure that the defendant missed the deadline to respond.
• Obtain the form: Download the CIV-100 form from the California Courts website.
• Fill in case information: Enter the case number, court name, and the names of the parties involved. Provide the plaintiff’s details and address (Clio Draft can help autofill case info).
• Declare default: Check the appropriate box indicating that the defendant has failed to respond.
• Signature and date: Sign and date the form to certify that the information provided is accurate.
• File with the court: Submit the completed form to the court for review.
  

When filling out the CIV-100 form, you’ll want to watch out for common pitfalls that could delay the process. Ensure all sections are fully completed, the case number matches the court’s records, and the form is signed and dated correctly. Attention to these details will help ensure your form is processed swiftly by the court.

Legal technology can significantly streamline the process of completing the CIV-100 form. Clio Draft, for example, offers auto-fill features, legal document templates, a comprehensive library of court forms, and built-in e-signature capabilities. These features can cut drafting time by up to 80%, allowing you to focus more on your clients and less on paperwork.

Is there a filing fee for the CIV-100 form?

There is a filing fee for the CIV-100 form. With Clio File, e-filing is effortless. Filing fees are automatically logged to the appropriate matter and can be easily passed on to clients—ensuring you receive the full amount you’re owed. Stay informed when Clio File launches in your state, here.

The bottom line on CIV-100

Understanding and correctly using the CIV-100 form is essential for managing default judgments in California. By completing the form accurately and using tools like Clio Draft to boost efficiency and accuracy, you can improve your chances of securing a favorable case outcome.