What Happens if You Do Not Respond to an Unlawful Detainer Summons in California?
If you have received an Unlawful Detainer Summons and you do not file a written responsive pleading with the Court before your deadline expires the consequences are severe, immediate, and potentially long-lasting. Many tenants who receive an Unlawful Detainer Summons make the critical mistake of believing that if they ignore the lawsuit it will somehow resolve itself, or that their landlord will not follow through with the eviction proceedings. This assumption is almost always wrong. Understanding exactly what happens when a tenant fails to respond to an Unlawful Detainer Summons is essential to appreciating why taking immediate action is so critically important.
Step 1 — The Landlord Files a Request for Entry of Default Judgment
After your deadline for filing a responsive pleading has expired without you having filed a response the landlord may file a Request for Entry of Default Judgment with the Court Clerk. The Request for Entry of Default Judgment is a formal application to the Court requesting that a judgment for eviction be entered against you based on your failure to respond to the Unlawful Detainer Complaint within your deadline. CCP § 1169
At the time that the landlord files the Request for Entry of Default Judgment the landlord will also file the Proof of Service of the Unlawful Detainer Summons with the Court — if the Proof of Service has not already been filed. The Court Clerk will review the Proof of Service to confirm that service of the Unlawful Detainer Summons was properly effected on you and that sufficient time has passed since service was effected for your filing deadline to have expired.
Step 2 — The Court Clerk Enters a Default Judgment Against You
If the Court Clerk determines that the Request for Entry of Default Judgment is procedurally proper and that your deadline for filing a responsive pleading has expired without a response having been filed the Court Clerk will enter a Default Judgment for Unlawful Detainer against you. A Default Judgment for Unlawful Detainer is a judgment entered against you by the Court based solely on your failure to respond — not on the merits of the landlord's case. The Default Judgment awards possession of the property to the landlord and may also include a monetary award for unpaid rent, attorney fees, and court costs if the landlord has requested these in their Unlawful Detainer Complaint.
Once a Default Judgment for Unlawful Detainer has been entered against you the eviction process accelerates rapidly.
Step 3 — The Landlord Applies for a Writ of Possession
After a Default Judgment for Unlawful Detainer has been entered against you the landlord may file an Application for Writ of Possession with the Court. An Application for Writ of Possession may be filed simultaneously with the Request for Entry of Default Judgment or shortly thereafter. Upon approval of both the Request for Entry of Default Judgment and the Application for Writ of Possession the Court issues an Order for Writ of Possession authorizing the Sheriff's Department to enforce the eviction judgment. CCP § 1174
Step 4 — The Sheriff's Department Processes the Writ of Possession
After the Court issues the Order for Writ of Possession it is transmitted to the Court Services Division of the Sheriff's Department for processing. The Sheriff's Department will review the Writ of Possession and schedule the posting of a 5-Day Notice to Vacate at the entrance of your residence. The length of time between the issuance of the Order for Writ of Possession by the Court and the posting of the 5-Day Notice to Vacate by the Sheriff's Department varies by county and by the current caseload of the Sheriff's Department but typically ranges from several days to several weeks.
Step 5 — The Sheriff Posts a 5-Day Notice to Vacate
When the Sheriff's Department completes its processing of the Writ of Possession a Sheriff's Deputy will visit your residence and post a 5-Day Notice to Vacate at the entrance of the property. The 5-Day Notice to Vacate informs you that you have five days to vacate the premises. After the five day period expires the Sheriff's Department will return to the residence to enforce the eviction by physically removing any remaining occupants from the property and standing by as the locks are changed by the landlord or their agent.
What Are the Long-Term Consequences of a Default Judgment for Unlawful Detainer?
The consequences of a Default Judgment for Unlawful Detainer extend far beyond the loss of your current residence. A Default Judgment for Unlawful Detainer can have serious and lasting effects on your ability to rent housing in the future.
Effect on Your Credit Report — An Unlawful Detainer judgment is a civil court judgment. Civil court judgments may be reported to credit reporting agencies and can appear on your credit report for up to seven years. A judgment for eviction on your credit report can make it extremely difficult to qualify for future rental housing as many landlords conduct credit checks as part of the rental application process. 15 U.S.C. § 1681c
Effect on Tenant Screening Reports — In addition to credit reports many landlords use specialized tenant screening services that search public court records for unlawful detainer filings and judgments. A Default Judgment for Unlawful Detainer appearing in a tenant screening report can result in your rental application being denied even years after the judgment was entered.
Monetary Judgment — If the landlord requested monetary damages in their Unlawful Detainer Complaint — such as unpaid rent, attorney fees, and court costs — the Default Judgment may include a monetary award in favor of the landlord and against you. The landlord may attempt to collect this monetary judgment by garnishing your wages, levying your bank account, or attaching your personal property. CCP § 699.010
Can a Default Judgment for Unlawful Detainer Be Set Aside?
In certain circumstances a tenant may be able to have a Default Judgment for Unlawful Detainer set aside by filing a Motion to Set Aside Default Judgment with the Court. A Motion to Set Aside Default Judgment may be filed on the grounds of mistake, inadvertence, surprise, or excusable neglect pursuant to CCP § 473(b). A tenant who believes that service of the Unlawful Detainer Summons was not properly effected may also file a Motion to Set Aside Default Judgment on the grounds that the Court lacked jurisdiction to enter the judgment due to improper service.
A Motion to Set Aside Default Judgment must be filed as promptly as possible after the tenant becomes aware of the judgment. Under CCP § 473(b) a motion based on mistake, inadvertence, surprise, or excusable neglect must be filed within a reasonable time and in no case exceeding six months after the default judgment was entered. If the motion is filed on an emergency basis — such as where the Sheriff has already posted a 5-Day Notice to Vacate — the tenant may file an Ex-Parte Motion to Set Aside Default Judgment to request an emergency hearing before the Court. An Ex-Parte hearing is typically scheduled within three days of the filing of the Ex-Parte Motion.
The filing of a Motion to Set Aside Default Judgment does not automatically stay or delay enforcement of the judgment unless the Court issues a specific order staying enforcement.
Do Not Wait — Call Tenant Eviction Defense Now
The single most important thing you can do after receiving an Unlawful Detainer Summons is to file a responsive pleading with the Court before your deadline expires. Failing to respond is never a safe option. The consequences of a Default Judgment for Unlawful Detainer — loss of your home, damage to your credit, and a monetary judgment against you — can follow you for years.
If you have received an Unlawful Detainer Summons or a Notice of Unlawful Detainer in the mail from the Court call our Eviction Defense Rapid Response Line immediately at (657) 510-6534, Monday through Friday from 8:30 a.m. to 6:00 p.m. Our staff is available to discuss your situation and help you understand the steps you need to take to protect yourself and your family.
Updated April 12, 2026.