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

Summary

Request for Entry of Default (Fair Debt Buying Practices Act)

Text

Form ID: CIV-105
Title: Request for Entry of Default (Fair Debt Buying Practices Act)
Effective Date: 2023-01-01
Mandatory Form: yes
Info Page: https://selfhelp.courts.ca.gov/jcc-form/CIV-105
Primary Download URL: https://www.courts.ca.gov/documents/civ105.pdf
Form Detail Page:
Request for Entry of Default (Fair Debt Buying Practices Act)
(CIV-105)
Asks the court to enter a "default" against the defendant or cross-defendant because they failed to file an Answer or other responsive document in a case when sued by a third-party debt buyer. Can be used to ask for a default alone, or also a default judgment.
Get form CIV-105
Effective: January 1, 2023
PDF Text:
Code of Civil Procedure, § 585; 
Civil Code, § 1788.60 
www.courts.ca.gov
Form Adopted for Mandatory Use  
Judicial Council of California  
CIV-105 [Rev. January 1, 2023]
REQUEST FOR ENTRY OF DEFAULT 
(Fair Debt Buying Practices Act)
CIV-105
FOR COURT USE ONLY
CASE NUMBER:
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO.:
NAME:
FIRM NAME:
STREET ADDRESS:
CITY: STATE: ZIP CODE:
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
Plaintiff/Petitioner:
Defendant/Respondent:
REQUEST FOR (Application) Entry of Default Judgment
For use only in actions under the Fair Debt Buying Practices Act (Civ. Code, § 1788.50 et seq.)
1. On the complaint or cross-complaint filed 
a. on (date):  
b. by (name):  
c. Enter default of defendant (names):
d. I request a judgment under Civil Code section 1788.60 and Code of Civil Procedure section 585 against defendant
(names):
(Testimony may be required. Check with the clerk regarding whether a hearing date is needed.)
e. Default was previously entered on (date):
2. Judgment to be entered. Amount Credits acknowledged Balance
a. Demand of complaint* $ $ $
b. Interest  $ $ $
c. Costs (see page 3) $ $ $
d. Attorney fees $ $ $
e. TOTALS  $ $ $
(* Must be established by business records, authenticated through a sworn declaration, submitted with this application. (Civ. 
Code, §§ 1788.58(a)(4), 1788.60(a).))
3. This action is not barred by the applicable statute of limitations (Civ. Code, § 1788.56).
4. Requirements for the complaint. 
a. The complaint alleges ALL of the following (Civ. Code, §§ 1788.58, 1788.60):
(1) That the plaintiff is a debt buyer;
(2) A short, plain statement regarding the nature of the underlying debt and the consumer transaction from which it is 
derived; 
(3) That the plaintiff is EITHER the sole owner of the debt OR has the authority to assert the rights of all owners of the debt;
(4) The debt balance at charge-off and an explanation of the amount and nature of, and reason for, all post-charge-off 
interest and fees, if any, imposed by the charge-off creditor or any subsequent purchasers of the debt;
(5) The date of the default OR the date of the last payment; 
(6) The name and address of the charge-off creditor at the time of charge-off in sufficient form so as to reasonably identify 
the charge-off creditor, and the charge-off creditor's account number associated with the debt;
Page 1 of 3

REQUEST FOR ENTRY OF DEFAULT 
(Fair Debt Buying Practices Act) 
CIV-105 [Rev. January 1, 2023]
CIV-105
CASE NUMBER:Plaintiff/Petitioner: 
Defendant/Respondent:
4. a. (7) The name and last known address of the debtor as they appeared in the charge-off creditor's records prior to the sale of 
the debt; 
(8) The names and addresses of all persons or entities that purchased the debt after charge-off, including the plaintiff debt 
buyer, in sufficient form so as to reasonably identify each such purchaser; and
(9) That the plaintiff has complied with Civil Code section 1788.52.
b. A copy of the contract or other document described in Civil Code section 1788.52(b) is attached to the complaint.
5. Documentation requirements for default judgment. ALL of the following documents are submitted with this request for default 
judgment (Civ. Code, § 1788.60(a)–(c)):
a. A copy of the contract or other document evidencing the debtor's agreement to the debt, authenticated through a sworn 
declaration. See Civil Code section 1788.52(b) regarding documentation, including for revolving credit accounts.
b. Business records, authenticated through a sworn declaration, to establish:
(1) That the plaintiff is EITHER the sole owner of the debt OR has the authority to assert the rights of all owners of the debt;
(2) The debt balance at charge-off, and an explanation of the amount and nature of, and reason for, all post-charge-off 
interest and fees, if any, imposed by the charge-off creditor or any subsequent purchasers of the debt;
(3) The date of the default OR the date of the last payment;
(4) The name and address of the charge-off creditor at the time of charge-off in sufficient form so as to reasonably identify 
the charge-off creditor, and the charge-off creditor's account number associated with the debt;
(5) The name and last known address of the debtor as they appeared in the charge-off creditor's records prior to the sale of 
the debt; and
(6) The names and addresses of all persons or entities that purchased the debt after charge-off, including the plaintiff debt 
buyer, in sufficient form so as to reasonably identify each such purchaser.
Date:
(TYPE OR PRINT NAME)
 (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF)
FOR COURT 
USE ONLY
(1) Default entered as requested on (date):
(2) Default NOT entered as requested (state reason):
Clerk, by , Deputy
6. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant or      
unlawful detainer assistant did did not  for compensation give advice or assistance with this form. If declarant has 
received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state:
a. Assistant's name:
b. Street address, city, and zip code:
c. Telephone no.:
d. County of registration: 
e. Registration no.:
f. Expires on (date):
7. Declaration under Code Civ. Proc., § 585.5 (for entry of default under Code Civ. Proc., § 585(a)). This action
on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). a. is is not
b. is is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales 
and Finance Act).
on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b).is is notc. 
Page 2 of 3

REQUEST FOR ENTRY OF DEFAULT 
(Fair Debt Buying Practices Act) 
CIV-105 [Rev. January 1, 2023]
CIV-105
CASE NUMBER:Plaintiff/Petitioner:
Defendant/Respondent:
8. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Default was
a. not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names):
b. mailed first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none, 
to each defendant's last known address as follows: 
(1) Mailed on (date): (2) To (specify names and addresses shown on the envelopes):
I declare under penalty of perjury under the laws of the State of California that the foregoing items 6, 7, and 8 are true and correct.
Date:
(TYPE OR PRINT NAME)
 (SIGNATURE OF DECLARANT)
9. Declaration of nonmilitary status (required for a judgment). 
No defendant/respondent named in item 1c is in the military service of the United States as defined by either the Servicemembers 
Civil Relief Act (see 50 U.S.C. § 3911(2)) or California Military and Veterans Code sections 400 and 402(f).
a. the search results that I received from say the defendant/respondent is not in the U.S. military 
service.
b. I am in regular communication with the defendant/respondent and know that they are not in the U.S. military service.
c. I recently contacted the defendant/respondent, and they told me that they are not in the U.S. military service.
d. I know that the defendant/respondent was discharged from U.S. military service on or about (date):
e. the defendant/respondent is not eligible to serve in the U.S. military because they are:
incarcerated a business entity
f. other (specify):
I know that no defendant/respondent named in item 1c is in the U.S. military service because (check all that apply):
Note
U.S. military status can be checked online at https://scra.dmdc.osd.mil/.
If the defendant/respondent is in the military service, or their military status is unknown, the defendant/respondent 
is entitled to certain rights and protections under federal and state law before a default judgment can be entered.
For more information, see https://selfhelp.courts.ca.gov/military-defaults.
10. Memorandum of costs (required if money judgment requested). Costs and disbursements are as follows (Code Civ. Proc., 
 § 1033.5):
Clerk's filing fees  .............................................. $a. 
Process server's fees ........................................ $b. 
Other (specify): $c. 
$d. 
TOTAL  ............................................................. $e. 
Costs and disbursements are waived.f. 
I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs 
is correct and these costs were necessarily incurred in this case.
g. 
I declare under penalty of perjury under the laws of the State of California that the foregoing items 9 and 10 are true and correct.
(SIGNATURE OF DECLARANT)(TYPE OR PRINT NAME)
Date:
Page 3 of 3

Retrieval chunks

• #1

  Form ID: CIV-105 Title: Request for Entry of Default (Fair Debt Buying Practices Act) Effective Date: 2023-01-01 Mandatory Form: yes Info Page: https://selfhelp.courts.ca.gov/jcc-form/CIV-105 Primary Download URL: https://www.courts.ca.gov/documents/civ105.pdf Form Detail Page: Request for Entry of Default (Fai…

• #2

  (2) A short, plain statement regarding the nature of the underlying debt and the consumer transaction from which it is derived; (3) That the plaintiff is EITHER the sole owner of the debt OR has the authority to assert the rights of all owners of the debt; (4) The debt balance at charge-off and an explanation of th…

• #3

  (4) The name and address of the charge-off creditor at the time of charge-off in sufficient form so as to reasonably identify the charge-off creditor, and the charge-off creditor's account number associated with the debt; (5) The name and last known address of the debtor as they appeared in the charge-off creditor's…

• #4

  I declare under penalty of perjury under the laws of the State of California that the foregoing items 6, 7, and 8 are true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 9. Declaration of nonmilitary status (required for a judgment). No defendant/respondent named in item 1c is in the military se…