What Is Default Judgment?

A default judgment occurs when the defendant in a legal case fails to respond to a court summons or does not appea🍸r in court. If this occurs, a court may rule in favor of the plaintiff by default.

If damages were included in the complaint, the default judgment will take those into consideration unless proof of tဣhose damages is required.

Understanding Default Judgment

Fail🐼ing to appear in court or ignoring a summons is geneꩲrally considered to be bad idea, as it results in a default judgment against the defendant. That being said, default judgments can be vacated if the defendant can demonstrate a valid excuse.

In the U.S.

Default judgments in the U.S. are handled somewhat differently on a state-by-state basis. The particulars aཧround a default judgment will depend on where a civil action is originally filed. Individual courts and agencies at va🐻rious levels may also have their own by-laws and procedures for dealing with a potential default judgment.

Federal Rule 37(b)(2)(v) states a person who fails to appear as required in court can be found in default. Plaintiffs have to sign an affidavit, under oath and penalty of perjury, that the defendant was properly served and still failed to show up. Tꦅhis lets the court confirm that the defendant has skipped an appearance.

In England and Wales

In much of the U.K., a lawsuit is initiated by submitting a claim form to the court that spells out the 澳洲幸运5开奖号码历史查询:monetary damages and other compensation sought. If a specific monetary amount cannot easily be computed, the damages are "to be assessed" by the court after the fact. In the event a claimant does not want to recover monetary damages, it will also be made clear on this form.

The claim form is combined with other relevant documents to the case in a packet, which is subsequently served to the defendant in the case. The defendant then has exactly two weeks from being served to respond. If they do not respond, the plaintiff can ask for judgment in default. Foꦐr more complex issues, the plaintiff would apply for a formal 🍸application to a procedural judge.

In the case that the defendant has responded to the court within the♏ two-week period, they are granted an additional four weeks time to prepare their defense. If the defendant fails to appear at the end of that second period, a default 𝓡judgment can be entered as well.

The Bottom Line

In the context of a civil lawsuit, a default judgment is a judgment in favor of one party based on the other's failure to respond or show up in court. In most cases, default judgments are made in favor of a plaintiff when a defendant doesn't respond to a suit. Default judgments can be voided or nullified in the event of a valid reason for a party's failure to show.