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CIV-105 Guidance: Request for Entry of Default (Fair Debt Buying Practices Act) (California)

The CIV-105 form is used by a plaintiff to request a default judgment against a defendant in cases under the Fair Debt Buying Practices Act, typically when the defendant has failed to respond to a complaint regarding a debt purchase claim in a timely manner. Jump to guide on filling it out.

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The information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.

Reviewed By

Jenna Zebrowski, JD, MBA
Attorney
Jenna Zebrowski is a JD/MBA graduate from Texas Tech University School of Law. After working in Mexico City for 3 years, she returned to the US and spent over a decade working in-house for large and small companies, including franchises, in a real estate leasing capacity, as well as in the mortgage and title industries. In private practice since 2019, Jenna is passionate about advocacy and protection for her clients’ rights, working collaboratively towards problem prevention, and solution, when necessary.

Tips for filling out form CIV-105

When completing form CIV-105, pay special attention to these less obvious sections:

Item 10

Memorandum of Costs

Itemize costs meticulously, including filing fees and process server fees, and check the required documentation to support these claims. If claiming costs, a detailed memorandum must be provided.
Item 1c

Default Entry

Be precise when entering the names of defendants for default. Make sure names match exactly with those on the complaint or cross-complaint to avoid processing errors. Double-check spelling and format.
Item 2

Balance and Credits

Ensure all financial figures, such as Demand of complaint, Interest, Costs, and Attorney fees, are supported by authenticated business records. Use accurate and consistent values to justify the sums you enter.
Item 4

Complaint Requirements

The complaint must detail specific elements such as the authority to assert the debt, the last known address of the debtor, and all post-charge-off fees and interest. This information should be backed by documents and accurate details to ensure compliance with the Fair Debt Buying Practices Act.
Item 5a

Contract Documentation

Attach a copy of the contract or agreement showing the debtor's obligation. This document has to be authenticated through a sworn declaration, especially for revolving credit accounts, to meet legal standards.
Item 8

Mailing Declaration

If you cannot mail the request for entry of default to a defendant, clearly mention this in part 8a. For those served, ensure you have proof of mailing first-class and include accurate dates and addresses in part 8b.
Item 9

Military Status Verification

Check all avenues to determine the military status of the defendant. If they are in military service, they are entitled to special protections, and you might need to follow additional legal procedures before obtaining a default judgment.

What to do after filing form CIV-105

1
Verify that the court has entered the default by checking the court docket or contacting the court clerk.
2
Prepare any necessary documentation for a motion for default judgment, ensuring you have all required business records and authenticating declarations.
3
Check if a court hearing is required; if so, schedule the hearing date and prepare to present the necessary evidence at the hearing.
4
Keep a close watch for any responses from the court or the opposing party, as this may affect if and how you can proceed with the default judgment.
5
If the default is entered and no opposition arises, submit a request for a default judgment to the court, including all documentation that supports the judgment amount requested.
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