Obtaining A Small Claims Default Judgment

What happens if the person you are suing doesn't show up? Learn more about default judgments here.

Obtaining a Small Claims Default Judgment

  YOU CAN ONLY OBTAIN A DEFAULT JUDGMENT IF THE DEFENDANT WAS SERVED PROPERLY. IF YOU HAVE NOT SERVED THE DEFENDANT YET, YOU CAN LEARN HOW HERE.

  If you are suing someone and they do not appear at the hearing even though they were served, you can obtain a default judgment against them.

In small claims cases, courts usually enter a default judgment against the defendant if they do not appear in court on the trial date. By just appearing at the right date and time, the plaintiff can be awarded damages, plus court costs, to be paid by the other party.

Occasionally 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. 

How to Obtain a Default Judgment

If you appear at your mediation or hearing and can show the court that the other party was properly served, the court can enter a default judgment in your favor. There is no motion or affidavit that you must file with the court for a default judgment. Simply show up to your small claims mediation or hearing.  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.

LAS VEGAS MEMORANDUM OF COSTS
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  When the other party learns that a default judgment has been entered against them, they can file a motion asking the court to “set aside” (cancel or revoke) the judgment.

If you are a defendant looking for information on setting aside a default judgment taken against you, go here.