Illinois Small Claims Default Judgment: How to Get One When the Defendant Doesn't Show

What a Default Judgment Is

If you properly served the defendant and they fail to appear on the return date or at the scheduled hearing, you can ask the judge for a default judgment. The court does not automatically enter one — you have to request it, and you still need to prove your damages.

A default judgment means the defendant forfeited their chance to contest the claim by not showing up. But "default" does not mean "automatic win for whatever amount you want." The judge still reviews your evidence to determine the amount.

The Four Things You Need

To get a default judgment entered in your favor, you must present four items to the judge:

1. Proof of service. The executed return from sheriff service, the signed USPS green card from clerk certified mail, or the affidavit of service from a private process server. This proves service was completed using an authorized method. Without valid proof of service, no default judgment is possible.

2. A Non-Military Affidavit. Under the Servicemembers Civil Relief Act (50 U.S.C. § 3931), you must file a sworn statement confirming the defendant is not on active military duty. You can verify this through the Department of Defense Manpower Data Center's online tool. Courts take this requirement seriously — skipping it delays the judgment.

3. A damages breakdown. Present your contracts, invoices, receipts, estimates, or other documentation showing the exact dollar amount you are owed. The judge may ask questions about specific line items. If you are claiming interest, bring your calculation showing the applicable statutory rate.

4. Testimony or a sworn affidavit. In some courtrooms, the judge will ask you to briefly testify about the facts. In others, especially for straightforward contract claims, a sworn affidavit summarizing the claim may suffice. Ask the clerk beforehand which your judge prefers.

The Prove-Up Hearing

In many Illinois circuits, the default judgment request happens at what is called a "prove-up hearing." This is usually brief. You present your four items, the judge reviews them, and either enters the judgment or asks for additional documentation.

Some courts handle prove-ups the same day the defendant fails to appear. Others schedule them for a later date. Check with the circuit clerk for your county's practice.

What the Defendant Can Do About It

A default judgment is not necessarily permanent. The defendant has two routes to challenge it:

• Motion to Vacate within 30 days (735 ILCS 5/2-1301(e)) — the defendant must show reasonable diligence and a meritorious claim or defense. Filing fees are typically $0 to $50.
• Petition for Relief after 30 days (735 ILCS 5/2-1401) — available up to 2 years after judgment, but with a higher bar. The defendant must demonstrate both diligence and a meritorious defense.

If the defendant successfully vacates the judgment, the case goes back on the docket for a full hearing.

Collecting After a Default Judgment

Once the judgment is entered, you have a court order saying the defendant owes you money. Collection is a separate process. If they do not pay voluntarily, you can pursue a citation to discover assets, wage garnishment, or bank account garnishment through the court.

For a complete walkthrough from filing through enforcement, the Illinois Small Claims Filing Guide covers every step with printable checklists.

See more Illinois guides →