California Clerk Judgment
- California allows two types of default judgments.
- A creditor must obtain a judgment before using civil remedies to collect a debt.
What is the difference between a clerk judgment and a court judgment?
What is the difference between a creditor requesting a "clerk judgment" vs a court judgment? At what point can the creditor begin collection? Does the creditor have to get a court judgment?
In California, if the defendant fails to answer or otherwise respond to the complaint within the prescribed period of time after service, the plaintiff may request the entry of default and a default judgment.
California Clerk Judgment
California law allows a court clerk to enter a default judgment against the defendant without a court hearing or judicial action (California Civil Procedure § 585 et seq). However, § 585 limits the power of the court clerk to enter a default judgment under vary narrow circumstances.
A court clerk may enter a default judgment in the following situations:
- The judgment is "an action arising upon contract or judgment for the recovery of money or damages only..."
- The damages are a fixed or determinable amount contemplated in the contract
- The defendant was not served by publication. In other words, the defendant was served by a process server or through the mail.
If the amount of the judgment is uncertain or unclear, the clerk may not enter a default judgment
A clerk may enter a default judgment involving attorney's fees:
- "...if the contract provides that attorneys' fees shall be allowed in the event of an action thereon, or
- "if the action is one in which the plaintiff is entitled by statute to recover attorneys' fees in addition to money or damages. "
California Court Judgment
A judgment is a court's decision regarding a legal question. Unlike a clerk judgment, a court's judgment is the result of a hearing or trial where the judge (and sometimes jury) hears the evidence presented by both sides, and reaches a decision. In debt law, a judgment is a document that grants the plaintiff, also called the judgment-creditor, the ability to request a legal remedy.
Remedies vary by state, and can be wage garnishment, account levy, seizing personal property, or a lien on real property. See the Bills.com resource California Collection Laws to read a longer discussion of California remedies.
See the California Judicial Council Web site for a list of court forms Californians may download, complete, and file with a court. This is where to find the form requesting a clerk's judgment, among many other forms.
Your Questions
For a general discussion of the debt collections process, see the Bills.com resource Collections Advice. See also the California Dept. of Consumer Affairs document After the Judgment ... Collecting or Satisfying the Judgment.
In California and in all other jurisdictions I am aware of, a creditor must get a judgment, whether it be a clerk judgment or a judgment from a court, before the creditor can use the debtor's state's remedies. The laws of remedies are very precise and are strictly construed. The slightest error can scuttle a wage garnishment, lien, and so on. Find a lawyer who has experience in remedies to be certain you follow your state's laws to the letter.
I hope this information helps you Find. Learn & Save.
Best,
Bill
Did you know?
Debt is used to buy a home, pay for bills, buy a car, or pay for a college education. According to the NY Federal Reserve total household debt as of Q4 2023 was $17.503 trillion. Auto loan debt was $1.607 trillion and credit card was $1.129 trillion.
A significant percentage of people in the US are struggling with monthly payments and about 26% of households in the United States have debt in collections. According to data gathered by Urban.org from a sample of credit reports, the median debt in collections is $1,739. Credit card debt is prevalent and 3% have delinquent or derogatory card debt. The median debt in collections is $422.
Collection and delinquency rates vary by state. For example, in Virginia, 16% have student loan debt. Of those holding student loan debt, 7% are in default. Auto/retail loan delinquency rate is 4%.
While many households can comfortably pay off their debt, it is clear that many people are struggling with debt. Make sure that you analyze your situation and find the best debt payoff solutions to match your situation.
10 Comments
Ventura County Default form is confusing (CIV-100), check entry of defualt, clerk's judgment or court judgment. May I check just entry of default only? The plaintiff is asking for $25,000 for damages. He filed a writ of possession for his case filed which have not been returned in 8 years.
Mona, please go ask a local attorney. You need someone who can ask the right questions of you and review the complete fact set to offer you good advice. I can't advise you which box to check, but I can tell you that if you check the wronng one, then claiming you were confused may not fix the problem you create.
He asked the attorney who handled the case what he did wrong and was told he needed to ask for the Judicial Judgment copy. He told the clerk exactly what he needed and why (to obtain a writ of execution) but does the use of certified instead of Judicial make such a difference? He had an unofficial copy of the judgment with him.
Consult with a California lawyer who has civil litigation experience to learn how.
Can a clerk enter a default judgement for possession of real property in an Unlawful Detainer (eviction) case in Ca?
Hi, Stella. I am not a lawyer so the information I share is not to be considered legal advice.
Looking at this page at the website of The Superior Court of California, The County of Santa Clara, the answer to your question aappears to be yes. There is an entry for "Clerk's Judgment" that references "Unlawful Detainer" about 2/3 of the way down the page.