An application by a plaintiff for entry of default under subdivision (a), (b), or (c) of Section 585 or Section 586 shall include an affidavit stating that a copy of the application has been mailed to the defendant's attorney of record or, if none, to the defendant at his or her last known address and the date on which the copy was mailed. If no such address of the defendant is known to the plaintiff or plaintiff's attorney, the affidavit shall state that fact. No default under subdivision (a), (b), or (c) of Section 585 or Section 586 shall be entered, unless the affidavit is filed. The nonreceipt of the notice shall not invalidate or constitute ground for setting aside any judgment.
§ 587.Affidavit that Application Mail to Defendant's Attorney Or Defendant
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 2. Judgment Upon Failure to Answer · Last amended 1996 · Last verified July 28, 2026
In one sentenceSection 587 requires every application for entry of default under §§ 585 or 586 to include an affidavit confirming that a copy of the application was mailed to the defendant's attorney or, if none, to the defendant, and bars entry of default without that affidavit, though nonreceipt of the notice doesn't invalidate the resulting judgment.
Full Text of § 587
Plain-English Summary
This section is a paperwork checkpoint built into every default application. Before the clerk or court can enter a default under § 585 or § 586, the plaintiff must file an affidavit stating that a copy of the application was mailed to the defendant's attorney of record, or, if the defendant has no attorney of record, to the defendant at the defendant's last known address, along with the date of mailing.
If the plaintiff or the plaintiff's attorney doesn't know any address for the defendant, the affidavit has to say so instead. Either way, the affidavit is mandatory — no default may be entered without it.
The section also settles what happens if the notice never reaches the defendant: nonreceipt doesn't invalidate the judgment or provide a ground for setting it aside. The affidavit requirement is about giving the defendant a chance at notice, not guaranteeing it arrives.
Frequently Asked Questions
What must the plaintiff's affidavit under § 587 say?
That a copy of the default application was mailed to the defendant's attorney of record, or if there is none, to the defendant at the defendant's last known address, along with the mailing date — or, if no address is known, a statement of that fact.
Can a default be entered without this affidavit?
Does it matter if the defendant never receives the mailed notice?
No. Section 587 specifically provides that nonreceipt of the notice doesn't invalidate the judgment or give grounds to set it aside.
Amendment History
Amended by Stats. 1995, Ch. 796, Sec. 12. Effective January 1, 1996.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: affidavit of mailing default application californianotice of default judgment application