Default Judgment

Default judgment summary:

• A default judgment is an automatic win in court, typically because the person being sued didn’t answer the complaint or show up in court.

• When a default judgment is issued, the judge could give the plaintiff everything they’re asking for if it sounds reasonable. 

• It’s possible to ask the judge to reverse (vacate) a default judgment if you can show a compelling reason why you didn’t show up to court.

Default judgment definition and meaning

A default judgment is an automatic win for one party in a lawsuit. Most commonly, this happens when the defendant (the person who is being sued) doesn't answer the complaint or show up in court. Then, the plaintiff (the one who filed the lawsuit) can ask the court to award a default judgment against the defendant. A default judgment can be reversed if the person being sued can show a good reason for failing to respond or appear.

More about default judgment

A default judgment is an automatic win in court. Here’s how it could happen.

It's never a good idea to ignore a lawsuit or miss a court date. In most cases, you'll lose, and the person suing you gets a powerful tool to collect—a legal judgment against you and support from the court system to enforce it. You could be subject to wage garnishment or even seizure of your bank accounts or property. 

What happens if you don't respond to a lawsuit or appear in court? 

First, the judge will check with the clerk or bailiff to make sure you haven't shown up, answered, or requested a postponement. They will also make sure the plaintiff told you about the lawsuit and delivered the notice correctly. 

Next, the plaintiff gets to state their case and show their evidence. You won't have a chance to argue your side or present anything that contradicts what they say. The judge will likely take the plaintiff at their word as long as it sounds reasonable. After reviewing the evidence, the judge will probably issue a default judgment and award the plaintiff what they asked for.

What should you do if someone gets a default judgment against you? Immediately contact the court and file a motion to vacate it (that means you’re asking the court to throw it out). If you were never served and didn't know about the lawsuit, and you then file your motion in the allotted time, you can probably get a new court date. But if you were served and didn’t respond or show up, you'll need a very good reason. Most judges will believe that you could have called or had someone else contact the court to ask for a postponement. 

It's important to understand that a vacated default judgment doesn't let you avoid the lawsuit. It gets you a do-over. You could use the opportunity to file a response, challenge the lawsuit, and possibly negotiate a solution with the person suing you. 

The information provided in this article is intended for general informational purposes only and should not be taken as legal advice. For personalized legal advice, consult with a qualified attorney licensed to practice law in your state.