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- 1). File a lawsuit in compliance with state or federal code. Following the civil procedure laws of the jurisdiction within which the plaintiff is planning to sue, he should draft a complaint detailing the facts and law relevant to the legal claim. The complaint should state the facts of the specific case followed by the applicable state statutes or cases on point. The complaint should conclude with applying the facts to the law and concluding that the plaintiff is entitled to recover against the defendant.
- 2). Serve the defendant a complaint and summons in accordance with state or federal law. This is a very important step as the court will not award a plaintiff a default judgment if the defendant was not served properly. Under the federal rules, service of process is proper if the complaint and summons are served by any person over age 18 and not a party the lawsuit. Service may be effectuated in person or by dropping off the documents at the defendant's dwelling with a person of the age of majority and mentally competent. Almost all pleadings and motions may be served at a person's place of employment as well. However, the federal rules and some states only permit service of the complaint and summons upon the defendant personally or at his dwelling; not at work.
- 3). Continue serving the defendant with pleadings, motions and affidavits as required during a civil suit despite his non-participation. During any civil suit, parties must file many different documents including discovery requests, motions and extra pleadings. Even if the defendant has not answered a single pleading or appeared to have an intent to defend it is still important to maintain adherence to the rules and serve the defendant every document.
- 4). Apply for a default judgment. Every jurisdiction has a different time limitation within which the plaintiff must wait before applying for a default judgment. Some states require 120 days, some longer or shorter. Once the time limit has passed, most states and the federal system require plaintiffs to apply for a default judgment. The court will grant this request and proceedings can begin to determine the damages amount.
- 5). Attend hearing to determine monetary award. The court will still require a hearing on the matter as it must review all evidence to determine how much of an award the plaintiff should receive. According to the federal rules, this could include conducting an accounting, establishing truth of evidence or investigation of any other matter. Depending on the complexity of the case, the default judgment hearing could last one hour or many days.
- 6). Prepare for attempts by the defendant to set aside the order after the fact. Perhaps the defendant willingly avoided the hearing thinking he would not be liable and is surprised to find a default judgment against him. Chances are he will try to set aside the judgment. Federal Rule 60(b) allows for default defendants to attempt to set aside a judgment for purposes of mistake, inadvertence, surprise or excusable neglect.
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