Default judgment

Definition

A default judgment is a court ruling in favor of one party due to the other party's failure to respond or appear in court. This often happens when a defendant does not file an answer to a complaint within the required timeframe, resulting in the plaintiff winning the case without further proceedings. Understanding how default judgments function is crucial as they relate to issues of pleading, pretrial motions, and the eventual enforcement of judgments.

5 Must Know Facts For Your Next Test

1. Default judgments can be set aside if the defendant shows good cause for not responding, but this requires prompt action and a valid reason.
2. In many jurisdictions, a default judgment can only be entered after the plaintiff has provided proper notice to the defendant.
3. The amount awarded in a default judgment may be based on the plaintiff's allegations, but courts often require evidence of damages before granting substantial awards.
4. Default judgments are generally considered final, but they can still be appealed under certain circumstances, especially if procedural errors occurred.
5. Once entered, a default judgment allows the plaintiff to seek enforcement through various means, such as wage garnishment or asset seizure.

Review Questions

• What steps must a plaintiff take to successfully obtain a default judgment against a defendant who has not responded?
  • To obtain a default judgment, the plaintiff must first file a motion for default with the court after ensuring that the defendant has been properly served with the complaint and notice. The court will then review the motion and may require evidence of damages before granting the default judgment. If the defendant later requests to set aside the default, they must show good cause for their failure to respond.
• Analyze how the possibility of a default judgment impacts a defendant's strategy in responding to a complaint.
  • The potential for a default judgment significantly influences a defendant's strategy when faced with a complaint. Knowing that failing to respond can lead to an automatic loss, defendants are often motivated to file an answer promptly or negotiate settlements. This urgency also emphasizes the importance of understanding procedural rules and deadlines, as missing them could result in significant legal consequences.
• Evaluate the implications of default judgments on access to justice and fairness in civil litigation.
  • Default judgments raise important questions about access to justice and fairness within civil litigation. While they serve to prevent parties from unfairly delaying proceedings, they can also disproportionately affect defendants who may lack legal representation or awareness of procedural requirements. This situation creates disparities where more resourceful plaintiffs may gain unjust advantages, highlighting a need for courts to balance efficiency with equitable treatment of all parties involved.

Related terms

Motion for Default: A request made to the court by the plaintiff for a default judgment when the defendant has failed to respond or appear.

Answer:

The formal response filed by a defendant to address the claims made in a complaint.

Judgment Creditor: The party that has received a judgment in their favor and can enforce it against the losing party.