Default Judgment Guide
A default judgment occurs when a defendant fails to respond to a lawsuit, allowing the court to enter judgment in the plaintiff's favor without a trial. This guide explains how default judgments happen, their implications, and options for both creditors and debtors.
Education Only: This content is for educational purposes and does not constitute legal advice. Default judgment procedures vary by state. Consult with a licensed attorney for guidance specific to your situation.
What Is a Default Judgment?
Definition
A default judgment is a court ruling in favor of the plaintiff (creditor) when the defendant (debtor) fails to respond to the lawsuit within the required timeframe or fails to appear in court.
Because the defendant didn't contest the claim, the court assumes the allegations are true and enters judgment for the amount requested by the plaintiff.
Lawsuit Filed
Plaintiff files complaint and serves defendant
No Response
Defendant fails to answer or appear
Default Entered
Court enters judgment for plaintiff
Why Default Judgments Happen
Common Causes
- •Never received lawsuit papers: Improper service, moved without forwarding address, papers left with wrong person
- •Ignored the lawsuit: Thought it would go away, didn't understand importance, felt overwhelmed
- •Missed deadline: Didn't respond within required timeframe (typically 20-30 days)
- •Couldn't afford attorney: Didn't know how to respond without legal help
- •Believed debt was invalid: Thought ignoring would make it go away (it doesn't)
Default Judgment Timeline
Lawsuit Filed & Served
Plaintiff files complaint with court and serves defendant with lawsuit papers.
Response Deadline
Defendant must file answer or response with court within deadline (typically 20-30 days).
Plaintiff Requests Default
If defendant doesn't respond, plaintiff files motion for default judgment.
Court Enters Default Judgment
Court reviews plaintiff's request and enters judgment (often without hearing).
Enforcement Begins
Creditor can now pursue collection through garnishment, levy, or lien.
For Creditors: Obtaining Default Judgments
Process Overview
- 1.Ensure proper service: Defendant must be properly served with lawsuit papers according to state rules.
- 2.Wait for response deadline: Allow full response period to pass (typically 20-30 days).
- 3.File motion for default: Submit request for default judgment with supporting documentation.
- 4.Provide proof of debt: Include contract, invoices, payment history, and calculation of amount owed.
- 5.Obtain judgment: Court reviews and enters default judgment (may require brief hearing).
Advantages & Considerations
✅ Advantages
- • Faster than contested trial
- • Lower legal costs
- • No need to prove case at trial
- • Full amount typically awarded
⚠️ Considerations
- • Debtor may file motion to vacate
- • Improper service can invalidate judgment
- • Still need to collect after judgment
- • Debtor may have valid defenses
For Debtors: Responding to Default Judgments
If You Haven't Been Sued Yet
Critical: If you receive lawsuit papers, DO NOT IGNORE THEM.
- ✓Read the papers carefully and note the response deadline
- ✓File an answer or response with the court before deadline
- ✓Consider consulting an attorney (many offer free consultations)
- ✓Contact plaintiff to discuss settlement before judgment
If Default Judgment Already Entered
You have limited options to challenge a default judgment:
Option 1: Motion to Vacate (Set Aside)
File motion asking court to vacate (cancel) the default judgment. You must show:
- • Excusable neglect: Valid reason for not responding (never received papers, medical emergency, etc.)
- • Meritorious defense: You have valid defenses to the claim
- • Timeliness: File motion quickly (typically within 6 months to 1 year)
Option 2: Negotiate Settlement
Even after default judgment, you can negotiate with creditor to settle for less or arrange payment plan. Creditors often prefer settlement over enforcement.
Option 3: File Bankruptcy
Bankruptcy may discharge (eliminate) the judgment debt or restructure it into payment plan. Consult bankruptcy attorney.
Preventing Default Judgments
For Debtors: Proactive Steps
- •Keep address updated: Ensure creditors and courts can reach you
- •Open all legal mail: Don't ignore certified letters or court documents
- •Respond to lawsuits immediately: Even if you can't afford attorney, file response
- •Negotiate before lawsuit: Contact creditors proactively to arrange payment or settlement
- •Seek legal help: Many legal aid organizations offer free assistance for debt cases
Need More Guidance?
Explore our comprehensive resources, tools, and templates for judgment collection and resolution.