Tenant Guide to Defaults and Ex-Parte Proof Hearings
Authored By: D.C. Bar Pro Bono Center
Contents
Tenant Guide to Defaults and Missed Hearings
If you believe you missed your hearing, a number of things could have happened in your case. To find out what happened, you need to check your court docket (the official record of all events and filings in your case).
Checking the docket:
- Visit DC Superior Court Case Search at portal-dc.tylertech.cloud/Portal/Home/Dashboard/29 Enter your name (Last Name, First Name) or your case number without spaces (2024LTB###### or 2024-LTB-######)
- Check the box beside “I’m not a robot” and click submit. Click on the correct case number to open your docket. You can also call the clerk’s office (202-879-4879) or LTLAN (202-780-2575) for assistance checking your docket.
Below is a list of possible outcomes of missing your hearing, what they look like on the docket, and actions you can take to prevent eviction.
1. Your case was continued (postponed) for another hearing
- The judge may set another hearing, often a further initial hearing, and NOT enter a default on the record. The docket would not show a default, default judgment or writ, but instead a future hearing.
- It is important that you attend the next hearing, and file an Answer (an explanation of the legal reasons why you should win your case).
2. A default or default judgment is entered
- This means that the judge has ruled against you because you were not present at your hearing.
- You will need to file a Motion to Vacate the Default explaining why you missed the hearing and why the ruling should be overturned.
- Once you file a motion to vacate, you can also file an Answer.
3. A default was entered AND I have an ex-parte proof hearing
- You will need to file a Motion to Vacate the Default explaining why you missed the hearing.
- It is important to show up to the ex-parte proof hearing and tell the judge you filed a motion to vacate the default.
4. A default judgment was entered AND a Writ was approved.
- Immediately ask the Court for a “stay” of the eviction by filing an “Application to Stay the Execution of a Writ of Restitution,” which asks the judge to temporarily put the judgment against you on hold.
- Your Application to Stay can inform the court of your motion to vacate the default.
- If you have a pending ERAP application, that can also be a reason to stay the writ. See the ERAP & Pending Evictions flyer for more info.
- At the same time, you will also need to file a Motion to Vacate the Default explaining why you missed the hearing and why the judgment should be overturned.
- You must complete these steps BEFORE your scheduled eviction date to prevent the eviction. If you did not receive notice of your eviction date, check the eviction list published by the Office of the Tenant Advocate at https://ota.dc.gov/page/eviction-lists to see if your eviction is scheduled.
Questions? Call LTLAN (202-780-2575