Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change frequently. For advice specific to your situation, consult a licensed attorney in your area.
When someone is sued and doesn't respond, the plaintiff can ask the court for a default judgment - a win without trial because the defendant failed to participate. The U.S. Courts website provides an overview of civil case procedures. Here's how default judgments work from both sides.
Common Occurrence: Many lawsuits end in default judgment because defendants don't respond. If you're sued, ignoring it doesn't make it go away - it makes you lose automatically.
What Is a Default Judgment?
Default judgment is a court ruling in the plaintiff's favor because the defendant:
- Never responded to the lawsuit
- Responded but then stopped participating
- Missed critical deadlines
- Failed to appear at trial
As a Plaintiff: Getting Default
Requirements
Before requesting default:
- Defendant properly served
- Response deadline has passed
- No answer or appearance filed
- Defendant not in military (must verify)
Two-Step Process
Step 1: Entry of Default
- File request with clerk
- Show proof of service
- Show no response filed
- Clerk enters default on record
Step 2: Default Judgment
- Request judgment from court
- May require prove-up hearing
- Must prove damages amount
- Can't exceed amount demanded
Servicemembers Civil Relief Act: Before getting default, you must file a declaration stating defendant is not on active military duty. This is a federal requirement.
Default in Different Courts
Small Claims Court
- Simpler process
- Often automatic if defendant absent
- May just need to prove your case
- Judge may question you about claim
Civil Court
- More formal requirements
- Need entry of default first
- Then application for default judgment
- May need prove-up hearing
Prove-Up Hearing
What Happens
Court may require hearing to:
- Verify your claim has merit
- Confirm damages amount
- Review evidence
- Make sure request is reasonable
What to Bring
- All evidence supporting claim
- Proof of damages
- Receipts, contracts, records
- Calculation of amount owed
Limitations on Default Judgments
Amount Limits
- Can't exceed what complaint requested
- Must prove actual damages
- Court may reduce requested amount
- Punitive damages may be denied
No Default For
- Claims not in complaint
- Damages not requested
- Relief defendant had no notice of
Notify Defendant: Some courts require you to mail notice of default to defendant before requesting judgment. Check your local rules.
As a Defendant: Avoiding Default
Respond on Time
- Know your deadline (20-30 days typical)
- File answer or response
- Appear at scheduled hearings
- Request extension if needed
What Counts as Response
- Answer to complaint
- Motion to dismiss
- Motion for more time
- Any appearance with court
Setting Aside Default
Motion to Set Aside
Defendants can ask to vacate default:
- File motion with court
- Show good reason for default
- Demonstrate meritorious defense
- Act quickly after learning of default
Grounds to Set Aside
- Excusable neglect: Reasonable explanation
- Never served: Didn't receive papers
- Fraud: Deceived about lawsuit
- Void judgment: Jurisdiction problems
What Courts Consider
- Why didn't defendant respond?
- How quickly did they act after learning of default?
- Do they have a valid defense?
- Will plaintiff be prejudiced?
Time Limits: Most states have strict deadlines to set aside default - often 30 days to 6 months. Some void judgments can be challenged anytime, but act immediately.
Common Excuses
Usually Accepted
- Never actually received service
- Serious illness preventing response
- Attorney failed to respond
- Incarceration without access to courts
Usually Rejected
- Forgot about deadline
- Didn't think it was serious
- Hoped it would go away
- Couldn't afford lawyer
- Disagreed with claim
After Default Judgment
Collection
Default judgment is enforceable like any judgment:
- Wage garnishment
- Bank levy
- Property liens
- All normal collection tools
Credit Impact
- Judgment appears on credit report
- Damages credit score significantly
- Remains for years
Strategic Considerations
For Plaintiffs
- Default is faster than trial
- But collecting may still be hard
- Defendant who won't respond may be judgment-proof
- Consider whether worth pursuing
For Defendants
- Never ignore a lawsuit
- Even weak defenses are better than default
- Showing up may lead to settlement
- Get help if you can't afford attorney
Resolve Without Court
A demand letter often resolves disputes before filing suit.
Create Your Letter