DC Small Claims Default Judgment: What Happens When the Defendant Doesn't Show Up

When Default Judgment Is Entered

If the defendant fails to appear at the scheduled hearing after being properly served, the court enters a default judgment under Small Claims Rules 11 and 15. The key prerequisite: proof of service must be on file with the clerk at least 7 days before the court date. Without verified service, no default can be entered — the hearing gets continued instead.

Default judgment isn't automatic for every claim type. The court distinguishes between liquidated and unliquidated claims:

Liquidated claims (fixed amounts like unpaid invoices, dishonored checks, or contractual debts with a clear dollar figure) — the court can enter judgment for the full amount immediately, without additional testimony from the plaintiff.

Unliquidated claims (amounts that need to be calculated, like property damage, repair costs, or disputed service charges) — the court enters a "Default subject to Ex Parte Proof." You still need to appear and present evidence establishing the exact dollar amount of your damages before the judge signs the judgment.

What Ex Parte Proof Looks Like

When a default is entered subject to ex parte proof, you're essentially presenting your case to the judge without the other side present. Bring the same evidence you would for a trial:

• Contracts or agreements showing what was owed
• Invoices, receipts, and repair estimates documenting the amount
• Photographs of damage (if applicable)
• A brief chronological explanation of what happened

The judge reviews your evidence, determines a reasonable damage amount, and enters the judgment. This is typically quick — most ex parte hearings take 10 to 15 minutes.

What Happens After Default Judgment

A default judgment carries the same legal weight as a judgment entered after a full trial. The defendant owes you the judgment amount plus any awarded court costs and interest. Post-judgment interest accrues automatically at DC's statutory rate from the date of entry.

If the defendant doesn't pay voluntarily, you pursue the same enforcement options as any other judgment creditor: writs of attachment on wages or bank accounts ($10), writs of fieri facias for property seizure ($10), or an oral examination to discover assets ($10).

Can a Default Judgment Be Vacated?

Yes. A defendant who missed their court date can file a Motion to Vacate Default Judgment under Civil Rule 60(b), which is incorporated into small claims practice under Small Claims Rule 2. Common grounds include:

• Excusable neglect — a genuine reason for missing the hearing (hospitalization, family emergency, never actually receiving service despite what the records show)
• Meritorious defense — the defendant can show they have a legitimate defense that would have changed the outcome
• Improper service — the service of process didn't comply with Rule 4 requirements

The motion must be filed reasonably promptly. If the defendant waits months with no explanation, the court is unlikely to grant relief. The $10 general motion filing fee applies.

When the Plaintiff Doesn't Show Up

The other side of the coin: if you filed the case and then fail to appear on the hearing date while the defendant shows up, the court may dismiss your case for Want of Prosecution under Small Claims Rule 12. This dismissal can be with or without prejudice — without prejudice means you could refile; with prejudice means the case is permanently closed.

If neither party appears, the case is dismissed without prejudice.

To reinstate a case dismissed for failure to prosecute, file a Motion to Reinstate under Civil Rule 41-I ($25 fee). You'll need to explain why you missed the hearing and demonstrate good cause for reinstatement.

For the complete filing-to-judgment process — including service tracking to ensure you don't miss the proof deadline — our DC Small Claims Filing Guide covers every step.

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