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.

Key concept: If you ignore a lawsuit, the party suing you could win via a default judgment.

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.

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Default Judgment FAQs

What happens if you don’t answer a summons?

If you ignore a summons, the plaintiff (creditor or bill collector who is suing you) can ask for and receive a default judgment. A default judgment gives plaintiffs an automatic win and everything they asked for in the lawsuit. Once they have a default judgment, the creditor can take steps to garnish your wages, seize your bank accounts, or even take your property.

What is a wage garnishment?

Wage garnishment is a legal way to take a portion of your pay before you get it. It’s a tool creditors can use to enforce a judgment against you. Once they win a lawsuit, they can get a court order and make your employer withhold up to 25% of your earnings and send that money to a designated agency, which will then send the money to the creditor. This can continue until the judgment is satisfied.

How likely is it that a collection agency will sue?

Most debts don't result in lawsuits. A collector's decision to sue depends on a few factors:

How much you owe: If a collector has one debt or several debts totaling more than $1,000, you're more likely to be sued.
How much it costs to file a lawsuit in your court system: Lower court costs encourage lawsuits for smaller amounts.
The size of the agency: Big national firms are less likely to sue for lower amounts than small local companies.
Their ability to contact you: If the only way for them to communicate with you is via a lawsuit, they're more likely to file.
Their location: Out-of-state collectors are required to sue in your state, so they are less likely to sue for small amounts.
Your resources: If you have real estate, a job with wages to garnish, or a good credit rating to protect—you're more likely to be sued.
The age of the debt: Newer debt is more likely to end up in court. Debts too old to be collected are less likely to spur lawsuits.

According to a 2023 Pew Research report, about 20% of consumers have a debt in collections. In the eight states they looked at, about 1 in 20 faced a lawsuit.