Obtaining A Small Claims Default Judgment
Find out what happens if the person you are suing fails to show up at the small claims hearing or fails to defend himself in your case, including how to ask the court for a money judgment against them.
Overview
A “default judgment” is a money judgment that is entered against someone who does not defend themselves in a case brought against them.
In small claims cases, courts will usually enter a default judgment against the defendant if they do not appear in court on the trial date. If the plaintiff appears at the hearing and can show the court proof that the defendant was served, the court can issue a money judgment against the defendant for the amount of plaintiff’s claim, plus court costs.
Some times, a judge may require the plaintiff to "prove up" the judgment. This means that the plaintiff will have to show the evidence that supports their claim. Once a judgment is entered, a plaintiff can then try to collect that judgment from the defendant. This judgment allows the plaintiff to obtain an order garnishing the defendant's wages or bank accounts, for example.
In the justice courts for Henderson and North Las Vegas, default judgments can be entered against a small claims defendant who fails to attend a mandatory mediation.
Download the flowchart that shows how a small claims case moves through the court – and situations where a default judgment might be entered – by clicking on one of the file names below:
Flowchart – Overview of the Small Claims Process
Flowchart - Overview of Las Vegas Small Claims Process
Q&A – Default Judgments
Do I need to file papers with the court to get a default judgment?
No. There is no motion or affidavit that you must file with the court for a default judgment. Simply show up at your small claims mediation or hearing. If the defendant does not attend, and assuming you have filed proof that the defendant was properly served with your complaint, the court can enter a default judgment in your favor. The default judgment will normally be for the amount of money you requested in your complaint or the amount of money you have proved up, plus your court costs.
TIP! Always check in with the clerk when you arrive at your hearing. When your case is called, go to the front of the courtroom, even if the other side hasn’t shown up. Arriving early is a good idea; get there at least a half hour early to make sure you are checked in and ready. If your case is called and you’re not there, it could be dismissed regardless of whether the other side shows up.
If your case is in the Las Vegas Justice Court, you can file a Memorandum of Costs before your trial date. If this is filed and the defendant does not appear, the judge can see how much you have spent in costs and award them to you.
A form is available, free of charge, at the Self-Help Center, or you can download it by clicking the link underneath the form’s title below:
LAS VEGAS MEMORANDUM OF COSTS
PDF FILLABLE | PDF NONFILLABLE
What if I sued more than one defendant?
If some defendants appear at trial or mediation and some do not, you can ask for a default against the defendants who do not appear. Your case against the other appearing defendants will go forward as usual.
What can the defendant do if I get a default judgment?
When the defendant learns that a default judgment has been entered against her, she can file a motion asking the court to “set aside” (cancel or revoke) the judgment. For more information, click to read Setting Aside a Small Claims Default Judgment.
