Default Judgment When the Airline Does Not Show Up
When an airline fails to respond to a small claims court filing, you can request a default judgment. Here is the 2026 process, the timing, and the collection mechanics that turn a default judgment into actual money.
When a Default Judgment Is Available
A default judgment airline ruling is entered when the airline fails to respond to a properly served small claims complaint within the state's answer window (typically 20 to 30 days). Airlines sometimes ignore small claims filings, especially for amounts under $1,000, and default judgments are the result.
Default judgments are real and collectible, but not guaranteed. The airline can move to set aside the judgment within 30 to 180 days for good cause. Proper service is the single biggest factor in whether the judgment holds.
Service of Process
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Registered agent service: serve the airline's registered agent for service of process in your state. Look up via Secretary of State.
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Certified mail (where permitted): some states allow small claims service via USPS certified with return receipt.
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Process server: $50 to $150, unambiguous proof of service.
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Proof of service filing: file the return of service with the court before the answer date.
See UK small claims for UK261 flight compensation, filing fees for small claims by state, and small claims court for an airline step-by-step.
Requesting the Default
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Wait the full answer period: typically 20 to 30 days.
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File a Request for Default: most states have a form (Judicial Council Form CIV-100 in California; similar in others).
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Attach proof of service: return of service or signed certified mail receipt.
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Attach a statement of amount owed: principal plus court costs plus interest if applicable.
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File with court clerk: often no hearing required.
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Clerk enters default: formal recording on the docket.
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Request default judgment: separate motion or via prove-up hearing.
What Damages Are Recoverable
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Principal amount claimed: ticket cost, EU261/UK261 compensation, baggage damages.
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Court filing fees: $30 to $100 typical.
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Service fees: process server or certified mail costs.
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Interest: statutory rate from complaint filing date, typically 6 to 10 percent.
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Not recoverable: attorney fees (unless contract specifies), consequential damages above CoC exclusions.
The Airline's Motion to Set Aside
Airlines that discover a default judgment typically file a motion to set aside under Rule 60 or state equivalent. They must show:
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Improper service: most common basis.
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Excusable neglect: rare for sophisticated defendants.
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Meritorious defense: rebuttal to the underlying claim.
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Filed within time limit: typically 6 months to 1 year depending on state.
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Good cause shown: subjective standard, court discretion.
Proper service is your best defense against a set-aside motion. Use a process server, not certified mail, for claims over $1,000. The $100 cost insures against months of motion practice.
Collecting on the Default Judgment
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Wait the judgment time (typically 30 days) for airline to appeal or pay voluntarily.
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Send demand letter: certified mail to airline's registered agent.
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File abstract of judgment: creates a judgment lien on airline property in your state.
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Writ of execution: allows levy on airline bank accounts or assets.
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Bank levy via bank account: most effective for operating airlines.
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Wage garnishment (not applicable to corporations).
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Third-party debtor examination: if airline is evasive.
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Domestication: if airline has no assets in your state, file judgment in airline's home state.
Default Judgment Success Stories (and Failures)
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Spirit in small claims: historically takes defaults; ~40 percent of Spirit small claims result in default judgments.
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Frontier: similar pattern; often defaults on claims under $1,500.
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Allegiant: frequently defaults.
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Ryanair US-served claims: often default due to no US registered agent.
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Delta, United, American: almost never default; strong legal departments respond.
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British Airways US claims: responds via US counsel; no defaults typical.
Pillar Link and Authority Sources
For the pillar see Small Claims Court vs Compensation Services. For primary sources see US Courts Small Claims Overview, Federal Rules of Civil Procedure Rule 55, and state-specific small claims rules.
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