Define: Default Judgment

Default Judgment
Default Judgment
Quick Summary of Default Judgment

Default judgement refers to a legal decision made by a court when one party fails to respond or appear in a lawsuit. In such cases, the court may grant a default judgement in favor of the opposing party, essentially granting them the relief sought in the lawsuit. This judgement is typically made when the defendant fails to file a response or fails to appear in court within the specified time frame.

Default Judgment FAQ'S

A default judgment is a legal ruling made by a court when one party fails to respond or appear in a lawsuit. It is typically granted in favor of the party who initiated the lawsuit.

To obtain a default judgment, the party initiating the lawsuit must properly serve the defendant with the lawsuit documents and provide proof of service to the court. If the defendant fails to respond within the specified time frame, the plaintiff can request a default judgment.

Yes, a default judgment can be overturned under certain circumstances. The defendant must file a motion to set aside the default judgment and provide valid reasons for their failure to respond or appear in the lawsuit. The court will then decide whether to grant the motion and potentially reopen the case.

The consequences of a default judgment vary depending on the nature of the lawsuit. In civil cases, the defendant may be ordered to pay damages or comply with specific court orders. In criminal cases, a default judgment may result in a conviction and sentencing.

Yes, a default judgment can potentially affect your credit score. If the judgment involves a financial obligation, such as unpaid debts, it may be reported to credit bureaus and negatively impact your creditworthiness.

The duration of a default judgment on your record depends on the jurisdiction and the type of case. In some cases, it may remain on your record indefinitely, while in others, it may be removed after a certain period of time or upon satisfaction of the judgment.

Yes, it is possible to negotiate or settle a default judgment. However, it is generally more challenging to do so after the judgment has been entered. It is advisable to consult with an attorney to explore your options and determine the best course of action.

Yes, a default judgment can be enforced by the prevailing party. This may involve various methods such as wage garnishment, property liens, or bank account levies to collect the awarded damages or enforce compliance with court orders.

In most cases, a default judgment can be appealed. However, the grounds for appeal may be limited, and there are specific procedures and deadlines that must be followed. It is crucial to consult with an attorney to understand the appellate process and assess the viability of an appeal.

To avoid a default judgment, it is essential to respond promptly and appropriately to any legal notices or lawsuits served upon you. If you are unable to respond within the specified time frame, seek legal advice to explore options such as filing an extension or requesting a stay of proceedings.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 13th April 2024.

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  • Modern Language Association (MLA):Default Judgment. dlssolicitors.com. DLS Solicitors. April 30 2024 https://dlssolicitors.com/define/default-judgement/.
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  • American Psychological Association (APA):Default Judgment. dlssolicitors.com. Retrieved April 30 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/default-judgement/

Define: Default Judgement

Default Judgement
Default Judgement
Quick Summary of Default Judgement

At trial, a decision awarded to the plaintiff when a defendant fails to contest the case. To appeal a default judgement, a defendant must first file a motion in the court that issued it to have the default vacated (set aside).

What is the dictionary definition of Default Judgement?
Dictionary Definition of Default Judgement

n. if a defendant in a lawsuit fails to respond to a complaint in the time set by law (commonly 20 or 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 judgement. If proof of damages or other relief is necessary, a hearing will be held in which the judge determines the terms of the default judgement. 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 defence to the lawsuit.

Full Definition Of Default Judgement

A default judgement is awarded if a defendant in a lawsuit fails to respond to a complaint within a specified timeframe, generally 30 days. For instance, if the petition or complaint asked for a response within 30 days, if the defendant did not respond, the plaintiff could ask for a default judgement. Under some conditions, if the defendant fails to answer the complaint, the default may be set aside if the defendant can demonstrate a legitimate excuse and a good defence to the lawsuit.

Under a default judgement, the court can grant the petitioner all reasonable requests within their complaint. For instance, a lien may be placed on property or a divorce may be granted. If you have received a complaint, it is important to talk to a lawyer about how to respond. Complaints do not go away, and if you fail to respond, you can expect a default judgement, which may make you liable for certain payments.

Related Phrases
No related content found.
Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 13th April 2024.

Cite Term

To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.

  • Page URL:https://dlssolicitors.com/define/default-judgement/
  • Modern Language Association (MLA):Default Judgement. dlssolicitors.com. DLS Solicitors. April 30 2024 https://dlssolicitors.com/define/default-judgement/.
  • Chicago Manual of Style (CMS):Default Judgement. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/default-judgement/ (accessed: April 30 2024).
  • American Psychological Association (APA):Default Judgement. dlssolicitors.com. Retrieved April 30 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/default-judgement/