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 ?
When the default judgment arrived and the court found no proof of service notices, the cases were declared incomplete, Doss said.
On June 21, Centennial Bank received a default judgment against Lewis and his Signature Motors LLC for $70,913 for defaulting on a 2006 loan.
We will move quickly to obtain an Order granting the default judgment against Defendants and intend on vigorously pursing all other rights and claims against Defendants in this lawsuit," states Dr.
also successfully sued Coleman Homes and received a default judgment against Coleman for $17,216.
PHBT was granted a default judgment against the Debtor in the amount of $839,619.
If you remember, the college was hit with a default judgment in September for $10,460 from McGraw-Hill Inc.
It is the company's position that Yamamoto breached his fiduciary duty to the corporation during his management tenure by his actions, or lack there of, regarding the $292,159 default judgment by Professional Traders Fund LLC.
Default judgment Earlier this month, the Southern District affirmed a trial courts refusal to set aside a default judgment dissolving a marriage.
After the targeted site owners failed to respond, ABS-CBN requested a default judgment with damages for trademark and copyright infringement.
Ross asserted, among other things, that the circuit court lacked jurisdiction and that default judgment was entered against him without proper notice.
A federal court issued a default judgment resolving FTC charges brought in February 2017, alleging that the defendants sold various products and threatened to sue, arrest or jail consumers, or seize their homes, if they didnt pay.
A Woodruff County farmer was hit with a $525,000 default judgment for not repaying a debt for agricultural supplies.