What is Default Judgment?
A binding judgment entered by the court in favor of the plaintiff when the defendant fails to respond to the lawsuit or appear in court within the required timeframe.
Understanding Default Judgment
After proper service of process, the defendant typically has 20 to 30 days to file an answer. If they fail to respond, the plaintiff can request a default judgment. The court may enter default on liability and hold a hearing on damages, or the plaintiff may need to prove damages through evidence. Defendants can sometimes have default judgments set aside by showing good cause for their failure to respond.
Examples
- 1Defendant ignoring lawsuit and court entering judgment for plaintiff
- 2Damages hearing after default where plaintiff presents medical evidence
- 3Defendant moving to set aside default due to never receiving the complaint
Related Terms
Service of Process
The formal delivery of legal documents, such as a complaint and summons, to a defendant to provide official notice that a lawsuit has been filed against them.
Answer
The defendant's formal written response to a complaint, admitting or denying allegations and raising any defenses.
Complaint
The initial document filed to start a lawsuit, setting forth the plaintiff's claims, the facts supporting them, and the relief sought.
Judgment
The official decision of a court resolving a dispute and determining the rights and obligations of the parties. A judgment may award damages, grant injunctive relief, or dismiss the case.
Statute of Limitations
A law that sets the maximum time after an event within which legal proceedings may be initiated. Once the statute of limitations expires, the claim is typically barred forever.
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