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 ?
A default judgement is given by the court where the defendant does not appear in court to defend the case.
We held this conference call to clarify the many misconceptions that have recently surfaced as they relate to the default judgement and to answer questions about issues and proprietaries," stated Mr.
The arrest warrant related to a civil default judgement issued against Mr.
The arrest order referred to in the Reuters press release relates to a default judgement against the Company's President, Randy Jackson and others.
The Court also granted the plaintiffs' motion for a default judgement against Frank M.