Connecticut Small Claims Default Judgment: What It Means and How to Respond

How Default Judgments Happen in Connecticut Small Claims

A failure to file an answer by the Answer Date can result in a default under Practice Book § 24-25. If a defendant fails to appear at a scheduled hearing, the court may enter judgment under § 24-26. Depending on the claim, the court may enter judgment without a hearing or schedule a hearing to establish the amount.

When a defendant defaults, the court may enter judgment based on the plaintiff's affidavit of debt and supporting documents without a full evidentiary trial. In some cases, the clerk schedules a hearing where the plaintiff must establish the amount. A default can leave your defense unheard, so do not ignore the Answer Date.

What the Plaintiff Can Do After a Default

Once the default judgment is entered, the plaintiff becomes a judgment creditor. They can pursue collection through:

• Wage execution under CGS § 52-361a — the plaintiff asks the court to garnish a portion of your pay
• Bank execution under CGS § 52-356a — the plaintiff obtains a court order to freeze and seize funds in your bank account
• Post-judgment interest accruing at up to 10% annually under CGS § 37-3a until the judgment is paid

These are not theoretical. A judgment creditor can ask the court to issue an execution and have a proper officer serve it on your employer or bank.

Your One Path Back: Motion to Open Judgment

If a default judgment has been entered against you, you can ask the court to set it aside by filing a Motion to Open Judgment (Form JD-CV-51). This is governed by CGS § 52-212 and Practice Book § 24-31, and there are strict requirements:

You must file within four months of the date the judgment notice was issued. After that window closes, the judgment is final with no further remedy.

You must show reasonable cause for missing the deadline — mistake, accident, or lack of actual notice. "I forgot" or "I was busy" will not satisfy this standard. The court expects something beyond ordinary neglect.

You must demonstrate a good defense on the merits. The court will not reopen the case just because you missed the deadline for a sympathetic reason. You also need to show that if you had responded, you would have had a real defense to the claim.

You must file a sworn affidavit alongside the motion, signed under oath, setting out both the reasonable cause and the defense.

Filing the Motion Does Not Stop Collection

This catches people off guard. Submitting Form JD-CV-51 does not automatically pause wage garnishments or bank levies. If the plaintiff has already started executing on the judgment, you may need to request a formal stay alongside your motion to open. Talk to the Centralized Small Claims Office about this when you file.

If the Motion Is Granted

The court vacates the default judgment and schedules a hearing on the merits. You are back to where you would have been if you had filed your answer on time — both sides present evidence, and the magistrate decides the case. You still need to prepare a real defense.

If the Motion Is Denied

The default judgment stands. Post-judgment interest keeps accruing, and the plaintiff continues collection efforts. There is no appeal from a small claims decision in Connecticut under CGS § 51-197a, so denial of the motion is effectively the end of the road.

The Connecticut Small Claims Response Guide includes a Motion to Open checklist and a template for structuring your affidavit to meet the court's reasonable-cause standard.

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