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

The defendant was properly served, the hearing date arrives, and the other side doesn't show up. In Wyoming small claims court, that doesn't mean you automatically win. A default judgment is available, but the judge still requires you to prove your case under oath before signing anything.

Requirements for Default

Three things must be true before the court can enter a default judgment:

1. Proper service was completed. The defendant must have been served within the statutory window — no sooner than 12 days and no later than 3 days before the hearing date. Proof of service (Form SC 03 from the sheriff or Form SC 04 from a private server) must be on file with the clerk. If service wasn't properly documented, the judge won't enter default.

2. The plaintiff presents evidence under oath. You take the witness stand, get sworn in, and present your claim. The judge needs to hear the factual basis for what you're owed and see documentation supporting the amount. This isn't a formality — judges deny default judgment requests when the plaintiff can't articulate the claim or the damages aren't supported.

3. A military-status affidavit is filed. Under the Servicemembers Civil Relief Act (SCRA, 50 U.S.C. § 3931(b)(1)), you must file an affidavit stating whether the defendant is in military service and facts supporting the statement, or stating that you cannot determine the defendant's status. Active service members have protections that require the court to appoint counsel and may require a stay. The court can't enter default without this filing.

What the Judge Evaluates

Even without the defendant present, the judge acts as a factfinder:

• Is the claim valid? The facts you describe under oath must establish that the defendant owes you money and that the amount is within the $6,000 small claims limit.
• Are the damages proven? Bring the same evidence you'd bring to a contested hearing — contracts, invoices, receipts, photos, demand letters. The judge won't award an amount you can't document.
• Was the pre-filing procedure followed? For claims with specific notice or demand rules, the judge may ask whether you followed them and how long you waited.

If the judge is satisfied, they sign the Judgment and Order (Form SC 06) for the proven amount plus costs. If something's missing — no proof of service, no military affidavit, insufficient evidence — the judge may continue the case to another date.

After Default Is Entered

The written judgment is entered on the court docket and mailed to both parties. The defendant now has two options:

Appeal within 30 days. The same appellate rights apply to a defaulted defendant as to one who appeared and lost. They can file a Notice of Appeal to District Court within 30 calendar days of the judgment entry date.

Move to set aside the default. Under Wyoming Rules of Civil Procedure Rule 60(b), the defendant can file a Motion to Set Aside Default Judgment if they can show mistake, inadvertence, excusable neglect, or that service was defective. This motion must be filed within a reasonable time — no later than one year from judgment entry.

Collecting on a Default Judgment

Once the 30-day appeal window closes without an appeal, you become a judgment creditor. Post-judgment interest accrues at 10% per year from the date the judgment was entered. You can pursue collection through writs of execution, wage garnishment, and other remedies.

The practical challenge with default judgments: a defendant who didn't show up to court may also be difficult to locate for collection. But the judgment is valid for the statutory enforcement period and can be renewed.

Don't Assume It's Easy

First-time filers sometimes treat a no-show hearing as a rubber stamp. It's not. Prepare the same evidence, organize the same three document sets, and be ready to testify under oath as if the defendant were sitting across from you. The judge's job is to make sure the judgment is legally supported, whether the other side shows up or not.

For a default judgment evidence checklist, military affidavit guidance, and post-judgment collection timeline tracking, get the complete Wyoming filing toolkit.

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