Yes! You can use AI to fill out Form CIV-105, Request for Entry of Default (Fair Debt Buying Practices Act)
Form CIV-105, Request for Entry of Default (Fair Debt Buying Practices Act), is a mandatory California court form filed by a plaintiff, specifically a debt buyer, to request a court judgment against a defendant who has not responded to a legal complaint. This form is crucial in debt collection lawsuits as it initiates the process for the plaintiff to win the case by default, allowing them to legally collect the debt, interest, and associated costs. Today, this form can be filled out quickly and accurately using AI-powered services like Instafill.ai, which can also convert non-fillable PDF versions into interactive fillable forms.
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Form specifications
| Form name: | Form CIV-105, Request for Entry of Default (Fair Debt Buying Practices Act) |
| Number of fields: | 100 |
| Number of pages: | 1 |
| Language: | English |
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Follow these steps to fill out your CIV-105 form online using Instafill.ai:
- 1 Navigate to Instafill.ai and upload the CIV-105 form or select it from their library of official documents.
- 2 Use the AI assistant to accurately fill in the court, case, and party information, including the case number and attorney details.
- 3 Complete Section 1 to specify the request for entry of default, including the date the complaint was filed and the defendant's name.
- 4 Itemize the judgment amounts in Section 2, detailing the demand, interest, costs, and attorney fees, ensuring they are supported by business records.
- 5 Fill out the required declarations, including the declaration of mailing (Section 8), declaration of nonmilitary status (Section 9), and the memorandum of costs (Section 10).
- 6 Carefully review all entered information for accuracy, then electronically sign and date the form in the designated signature fields.
- 7 Download the completed, signed CIV-105 form and file it with the appropriate California Superior Court along with all required supporting documentation.
Our AI-powered system ensures each field is filled out correctly, reducing errors and saving you time.
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Frequently Asked Questions About Form CIV-105
Form CIV-105, Request for Entry of Default, is used in California by a debt buyer (plaintiff) to ask the court for a default judgment against a defendant who has not responded to a lawsuit under the Fair Debt Buying Practices Act.
This form must be completed by the plaintiff, who is a debt buyer, or their attorney. It is filed after the defendant has failed to file a response to the complaint within the legally required time.
An 'Entry of Default' (item 1c) officially records the defendant's failure to respond, preventing them from participating in the case. A 'Default Judgment' (item 1d) is the final court order that awards the plaintiff the money requested.
As stated in Section 5, you must attach a copy of the contract proving the debt and authenticated business records. These records must establish the debt balance, the chain of ownership, and other details required by Civil Code § 1788.60.
You must state the original amount demanded in the complaint, add any accrued interest, and include allowable costs from the Memorandum of Costs (Section 10). The total should reflect the full amount you are asking the court to award.
This checklist confirms that your original complaint met all the strict pleading requirements of the Fair Debt Buying Practices Act. Failure to meet these requirements can be grounds for the court to deny your request for default judgment.
You can check the defendant's military status online for free at the official Servicemembers Civil Relief Act (SCRA) website, which is listed on the form. This step is mandatory to protect the legal rights of active-duty military personnel.
If the defendant's address is unknown, you must check the box in item 8a. You must have already complied with all legal requirements for service of process before you can request a default.
The completed form, along with all required attachments, must be filed with the clerk of the Superior Court where your case is being heard. The court's address should be listed in the header of the form.
Yes, services like Instafill.ai use AI to auto-fill form fields accurately and save time. This can help reduce manual data entry and minimize errors when preparing the form.
You can use a service like Instafill.ai to upload the PDF and complete it in an interactive online interface. This allows for easy data entry, e-signing, and digital management of your court documents.
Platforms like Instafill.ai can convert flat, non-fillable PDFs into interactive forms. Simply upload your scanned document, and the service will make it fillable online.
You can claim costs that were necessarily incurred in the case, as allowed by law. This typically includes court filing fees and fees paid to a professional process server.
This is a declaration that you filed the lawsuit within the legal time limit for collecting the specific type of debt. The Fair Debt Buying Practices Act has specific rules regarding these time limits that must be followed.
Compliance CIV-105
Validation Checks by Instafill.ai
1
Header Data Consistency Across Pages
Validates that the 'CASE NUMBER', 'Plaintiff/Petitioner', and 'Defendant/Respondent' fields contain the exact same values on all pages of the form (pages 1, 2, and 3). This is critical to ensure the document is internally consistent and refers to a single, unambiguous case. A mismatch could lead to filing errors or rejection by the court clerk.
2
Judgment Financial Calculation Accuracy
Verifies the arithmetic in the 'Judgment to be entered' table (Section 2). It checks that for each row (a-d), the 'Balance' column equals the 'Amount' column minus the 'Credits acknowledged' column. It also ensures the 'TOTALS' in row 'e' correctly sum the values in the columns above them.
3
Costs Cross-Field Validation
Ensures the 'Costs' amount listed in Section 2.c is identical to the 'TOTAL' amount calculated in the 'Memorandum of costs' in Section 10.e. This cross-reference check guarantees that the judgment amount requested accurately reflects the detailed cost breakdown. Discrepancies would make the judgment request logically inconsistent and likely to be rejected.
4
Mutually Exclusive Mailing Declaration
In Section 8, 'Declaration of mailing', this check ensures that the user has selected either option 'a' (not mailed) or option 'b' (mailed), but not both. These options are mutually exclusive, and selecting both creates a logical contradiction. The form should prevent or flag this state to ensure a clear declaration is made.
5
Conditional Mailing Details Requirement
If option 'b' (mailed) is checked in Section 8, this validation confirms that the mailing date in 8.b(1) and the recipient names and addresses in 8.b(2) are not empty. These details are mandatory to prove that the declaration of mailing was properly executed. Failure to provide these details would render the declaration incomplete.
6
Legal Assistant Disclosure Logic
This check enforces the conditional logic in Section 6. If the user selects 'did' use a legal assistant, it validates that all sub-fields (6.a through 6.f) are filled out. Conversely, if 'did not' is selected, it ensures these fields are empty to prevent ambiguity. This is important for compliance with Business and Professions Code disclosure requirements.
7
Mandatory Non-Military Status Declaration
Validates that at least one of the checkboxes in Section 9 ('Declaration of nonmilitary status') is selected. A declaration regarding the defendant's military status is a legal prerequisite under the Servicemembers Civil Relief Act for entering a default judgment. The form cannot be considered complete for judgment without this declaration.
8
Conditional Non-Military Specification
This check applies to Section 9. If checkbox 9.d ('discharged from U.S. military service') is selected, it ensures the corresponding date field is filled. Similarly, if checkbox 9.f ('other') is selected, it ensures the specification text field is not empty. This provides necessary supporting detail for the declaration made.
9
Waived Costs Contradiction Check
In Section 10, if the 'Costs and disbursements are waived' checkbox (10.f) is selected, this validation verifies that the monetary values in fields 10.a, 10.b, 10.c, 10.d, and 10.e are all zero. It also checks that the corresponding 'Costs' field in Section 2.c is zero. This prevents the logical contradiction of claiming costs while also waiving them.
10
Section 7 Declaration Completeness
For each of the three declarations in Section 7 (lines a, b, and c), this validation ensures that exactly one of the two options ('is' or 'is not') has been selected. Each line represents a required declaration, and failing to select an option or selecting both options for a single line makes the declaration ambiguous and incomplete.
11
Date Field Format and Plausibility
Verifies that all date fields on the form (e.g., 1.a, 8.b(1), signature dates) are entered in a valid format (e.g., MM/DD/YYYY). It also checks that dates for past events (like 'complaint filed on' or 'mailed on') are not in the future. This ensures data integrity and prevents nonsensical or erroneous date entries.
12
State Bar Number Requirement for Attorneys
If the 'NAME' field in the 'ATTORNEY OR PARTY WITHOUT ATTORNEY' section is filled, this check validates that the 'STATE BAR NO.' field is also completed. While a party can file without an attorney, if an attorney is listed, their State Bar Number is a required identifier for the court. This ensures proper identification of legal counsel.
Common Mistakes in Completing CIV-105
In Section 2, filers frequently make simple addition errors when calculating the total judgment from the demand, interest, costs, and attorney fees. An incorrect total will lead to the rejection of the default judgment request, as the clerk cannot enter a judgment for an amount that is not arithmetically sound. To avoid this, carefully double-check all calculations and ensure the 'TOTALS' in line 2e correctly sum the amounts in lines 2a through 2d. AI-powered tools like Instafill.ai can prevent this by performing calculations automatically.
This form explicitly requires attaching several documents, such as a copy of the contract and authenticated business records (Section 5). Filers often overlook these requirements or fail to provide the necessary sworn declarations authenticating them. The court cannot grant a default judgment under the Fair Debt Buying Practices Act without this specific evidence, leading to an automatic denial of the request. Create a checklist based on Section 5 and ensure every required document is attached before filing.
A frequent and serious error in Section 9 is failing to properly verify the defendant's military status as required by the Servicemembers Civil Relief Act (SCRA). Filers may guess, leave it blank, or check a box without conducting the required search on the official SCRA website. An improper declaration can lead to the judgment being voided later and potential legal penalties. Always use the official DMDC website to verify status, attach the results, and check box 9a unless another option is verifiably true.
This form contains multiple declarations that must be separately signed and dated, including the main request (page 2), the declaration of mailing (page 3), and the declaration for costs/military status (page 3). It is common for filers to sign only once and miss the others. An unsigned declaration is invalid and will cause the entire filing to be rejected by the court. Carefully review pages 2 and 3 to locate and complete all required signature and date lines.
Filers often forget to enter the Case Number and party names in the header of pages 2 and 3 after filling out the first page. This oversight leads to rejection because each page must be clearly identifiable with the correct case. To prevent this, fill out the header on all pages first or use a tool that propagates this information automatically. If the form is a non-fillable PDF, a service like Instafill.ai can convert it to a smart, fillable version where this data is entered once and applied everywhere.
In Section 8b, filers must specify the exact date of mailing and list the full names and addresses to which the request was mailed. People often forget the date or provide an incomplete address, failing to meet due process requirements for notice. An improper declaration of mailing will cause the clerk to reject the request, as there is no proof the defendant was properly notified. Be precise, listing the full name and last known address for each defendant exactly as shown on the mailing envelope.
Section 4 requires the filer to certify that the original complaint contained nine specific allegations required by the Fair Debt Buying Practices Act. A common mistake is to check these boxes without verifying that the complaint actually meets all these requirements. If the underlying complaint is deficient, the default judgment can be challenged and set aside later. Before checking the boxes in Section 4, you must review the filed complaint to confirm every single allegation is present.
In the Memorandum of Costs (Section 10), filers may include costs that are not legally allowable or fail to provide itemization for 'Other' costs. For example, claiming expenses for postage or photocopies, which are generally not recoverable as direct costs, will cause issues. This can lead the clerk to reject the cost portion of the judgment or require an amended filing. Only include costs specified as allowable under CCP § 1033.5, such as filing fees and process server fees.
In Section 1, filers must distinguish between requesting the clerk to 'Enter default of defendant' (1c) and requesting a 'judgment' (1d). Often, a party checks the box for a judgment (1d) without submitting all the required financial documentation listed in Section 5. This leads to rejection because the request for judgment is incomplete. Understand the two-step process: first enter default, then (often in the same request) apply for the judgment with full documentation.
The Judicial Council of California periodically updates its forms, and courts require the use of the most current version, indicated by the revision date in the corner (e.g., 'Rev. January 1, 2023'). Using an older version can result in immediate rejection by the clerk because it may lack updated legal requirements or fields. Always check the official court website (www.courts.ca.gov) for the latest version of any judicial form before filling it out to ensure compliance.
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