Default Judgment


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Default Judgment

Judgment entered against a party who has failed to defend against a claim that has been brought by another party. Under rules of Civil Procedure, when a party against whom a judgment for affirmative relief is sought has failed to plead (i.e., answer) or otherwise defend, the party is in default and a judgment by default may be entered either by the clerk or the court.

default judgment

n. if a defendant in a lawsuit fails to respond to a complaint in the time set by law (usually 30 days), then the plaintiff (suer) can request that the default (failure) be entered into the court record by the clerk, which gives the plaintiff the right to get a default judgment. If the complaint was for a specific amount of money owed on a note, other money due, or a specific contract price (or if the amount due is easy to calculate) then the clerk of the court can enter a default judgment. If proof of damages or other relief is necessary, a hearing will be held in which the judge determines terms of the default judgment. In either case the defendant cannot speak for himself/herself. A defendant who fails to file an answer or other legal response when it is due can request that the default be set aside, but must show a legitimate excuse and a good defense to the lawsuit. (See: default, summons, complaint)

References in periodicals archive ?
Khloe has been seeking advice from her divorce lawyer Laura Wasser, who told her to formally file a default judgment on the divorce case so that she can officially be single again.
Borrowers who have been subject to a default judgment obtained by Chase in a credit card collections lawsuit can obtain additional information about this class action lawsuit by calling Patrick F.
The broker's responsibility is to the insured and, as is made clear by this case, failing to fulfill that duty can exonerate the insurer and result in a serious and expensive claim to the broker for inaction that resulted in a six-figure default judgment.
Therefore, a plaintiff is still required to "support its motion for default judgment with 'enough facts to enable the court or the clerk to determine that a viable cause of action exists.
federal court in Manhattan, have opposed the entry of default judgment against the political party arguing the 1984 riots case "involves significant issues of public international law that should not be decided by a default judgment".
The Supreme Court found that a decision whether to set aside an entry of default or a default judgment lies solely within the sound discretion of the trial judge, citing Harbor Island Owners' Assn.
Hickory Hills Property Owners Association, a default judgment of $20,544.
A default judgment was filed in State Superior Court in Los Angeles County after E & R Services failed to make an appearance or respond to an initial complaint.
The default judgment was entered against Gonzales on May 27 after Kuhn's attorneys presented evidence and the judge found in favor of Kuhn, Parris said.
Permanent Injunction, Default Judgment against Tomar Electronics Remain in Force
The Jacksonville bank has asked for a default judgment against the former wife of alleged fraudster John Rogers of North Little Rock.
Contrary to an article published on February 2, 2010, by the French magazine Point de Vue, no default judgment has been entered in the lawsuit filed by Robert Eringer against the Principality.