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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
The next day, July 12, 2017, he filed a Motion to Vacate that default judgment. However, [Arman] Tovmasian failed to appear once again on the day set for hearing, July 25, 2017.
Plaintiff argues that the court should not vacate the judgment because Farrar had "clear notice and actual knowledge of the pending litigation." While Farrar's receipt of the letter from DRM and of the information regarding pending default judgment undoubtedly gave him notice of this suit, notice does not prevent a defendant from asserting a personal jurisdiction defense if the defendant did not appear in court prior to filing their motion to vacate default judgment.
O'Connell said that the opinion reaffirms the requirement for a defendant to be served with legal process before a default judgment can be recognized by the state of North Carolina.
The Ninth Circuit did not reach the issue of defendants' culpable conduct because defendants' lack of a meritorious defense was sufficient to justify the district court's refusal to set aside the default and default judgment. Defendants have no meritorious defense to Zurich American Insurance Company's breach of contract claim.
His attorney,Peter Weishaar of the law firm McConville, Considine, Cooman & Moran, on Tuesday filed papers in state Supreme Court in Monroe County asking that a default judgment be issued and that his client be awarded $76,806.
The default judgment also orders associated registrars and registries to hand over the domain names to ABS-CBN.
The subpoena at issue in this appeal was served on BBVA in an effort to enforce Vera's Federal Default Judgment. The legitimacy of the subpoena was tied to the District Court's jurisdiction to enter judgment against Cuba under one of the exceptions to sovereign immunity in the FSIA.
Paltrow has asked the court for a default judgment because Coldplay frontman Martin, 39, has never formally responded to her divorce petition.
District Court in the southern district of New York reached a default judgment ordering Iran to pay some $10 billion to the relatives of victims of the terrorist attacks of Sept.
District judge George Daniels issued the default judgment in New York, claiming Iran failed to defend itself against allegations of having a role in the attacks.
Contreras entered a default judgment after an April 2014 evidentiary hearing that included past court findings that both governments gave financial, logistical and other support to al-Qaeda in the 1990s.
A trial date has now been set for March 20 and if the musician fails to turn up, journalist Liza could win a default judgment and a sizable settlement.