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Default Judgment

A court ruling in favor of a plaintiff when the defendant fails to respond to a lawsuit within the required time period.

A default judgment is entered when a defendant is properly served with a lawsuit but fails to file a timely response (Answer) within the statutory period — typically 20–30 days in state courts, 21 days in federal court. The court treats the defendant's silence as an admission of the plaintiff's allegations and enters judgment without a trial.

The process: the plaintiff first files a "Request for Entry of Default" with the clerk, establishing that the defendant failed to respond; then requests a "Default Judgment" — which may be entered by the clerk for a sum certain or require a brief hearing for unliquidated damages. The resulting judgment is as binding and enforceable as one entered after a full trial.

Default judgments can be set aside on motion if the defendant can show: the failure to respond was due to excusable neglect (not deliberate avoidance), the motion to set aside was made promptly upon learning of the default, and the defendant has a meritorious defense. Courts are more liberal in granting relief from default before judgment is entered than after. Being served with a lawsuit and ignoring it is almost never a defensible strategy.

Real-World Example

The contractor's lawsuit was served to the homeowner's last known address; when no response was filed in 30 days, the court entered a $34,000 default judgment; the homeowner's first awareness came when her wages were garnished.

Related Terms

JudgmentGarnishmentStatute of Limitations
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