Vermont Small Claims Default Judgment

When Default Judgment Becomes Available

A default judgment is what happens when the defendant never responds to your complaint. It doesn't mean you automatically win — it means you can ask the court to enter judgment without a contested hearing.

The sequence under V.R.S.C.P. Rule 3(e) works like this:

1. You complete both stages of service (first-class mail, then sheriff if no answer)
2. The defendant has 30 days after sheriff service to file an Answer
3. If no Answer is filed, you have 60 days from the date the answer was due to file your default judgment motion

Filing the Motion

The motion requires Form 100-00262 (Motion for Default Judgment and Declaration). The form includes sworn statements about the debt and the defendant's military status; attach supporting documents such as a contract, invoice, or receipt.

Debt and damages statement. Complete the form's sworn statement of the amount owed. Include a breakdown — the principal amount, direct costs, and any contractual interest.

Servicemembers Civil Relief Act (SCRA) military-status statement. Federal law requires you to confirm whether the defendant is an active-duty military member. Active-duty servicemembers have special protections that can delay or modify default judgments. You can check military status through the Department of Defense Manpower Data Center; attach proof of the search if you use the database.

What the Court Does Next

The judge reviews your motion and supporting documents. If the claimed amount is for a fixed, calculable sum (a specific invoice, a known deposit amount), the court may enter judgment on the papers alone.

If the damages are unliquidated — meaning the court needs to assess how much you're actually owed — the judge schedules a brief damages hearing. You'll present evidence of your losses, and the court sets the judgment amount.

Mail a copy of the motion to the defendant at their last known address and file a Certificate of Service (Form 100-00260) with the court.

Serving the Default Judgment

Here's a step that many plaintiffs miss. Under the 2020 amendments to V.R.S.C.P. Rule 3(f), if you plan to collect on the judgment, you must serve the default judgment by first-class mail and file a Certificate of Service with the clerk. If that mailing is returned as undeliverable, have a sheriff or another authorized process server serve the judgment and file the Return of Service before requesting enforcement.

Can the Defendant Challenge a Default?

A default judgment is not necessarily permanent. Under V.R.S.C.P. Rule 3(g), the defendant must move to reopen it before the first financial disclosure hearing. If no financial disclosure hearing has been requested, the court may reopen only if the motion is filed within 90 days after service of the judgment on the defendant or the court finds the defendant did not receive timely notice. The defendant must show good cause; the motion costs $65.

This means you should keep your service documentation tight. If the defendant later claims they were never properly served, your filed Certificate of Service and Sheriff's Return become critical evidence.

The Vermont Small Claims Filing Guide walks through the default judgment timeline step by step, including the SCRA check, the affidavit structure, and the post-judgment service requirement that many self-represented filers overlook.

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