what exactly is default judgment?

Answer 1

There's some good information above, but not all of it is correct.

A default judgment is entered when one party - most often (but not always) the defendant - fails to meet a deadline to respond to a claim in court. The defaulting party may, in some states, have a set amount of time to move to set aside the default and re-open the case, but the grounds for doing so are state specific.

Here in New York setting aside a default requires *both* a reasonable excuse for the default and a showing that you have a meritorious defense to the claim, that is, that you wouldn't have lost the case anyway.

Answer 2

If a defendant fails to answer or respond to a law suit within the time required after being served with a summons, the court, (or in some states the court clerk) on motion of the Plaintiff will enter a "default," which is an order allowing the case to proceed without the Defendant. A "default judgment," means the Plaintiff will be given a judgment by the court for the amount or relief sought against the Defendant. State rules & practices vary but a "default judgment" is generally entered after a default because the Plaintiff must still prove a prima facie case & because only a judge (not a clerk) can sign a judgment. Often, in defaults, the case is "proved" by an affidavit of the Plaintiff that the facts in the complaint are true & the $$ is still owed. Sometimes the motions for default, affidavit & default judgment are contained in the same instrument.

Answer 3

When you are served with a lawsuit, you have a certain amount of time to file a proper response with the Court. Here in California, you generally have 30 days from the date of service.

If you have fail to respond, the plaintiff can request that the clerk enter your default. A default cuts off your right to defend yourself against the allegations of the lawsuit. In California, allowing your default to be entered is the same as admitting that the allegations are true.

Once the default has been entered, the plaintiff can submit a request for a default judgment. The plaintiff must still provide some evidence to the satisfaction of the court that the plaintiff is entitled to money damages. This is usually done either by written declarations or a default "prove up" hearing where testimony is given.

Once the judgment is entered, it has the same legal effect as if there had been a trial by a jury and the plaintiff becomes the judgment creditor. The judgment creditor can then enforce the judgment through the various methods available such as wage garnishment.

Answer 4

One party files suit against another party. The plaintiff is awarded a "default judgement" if the defendant fails to answer the complaint or fails to appear in court. The plaintiff wins his case and gets awarded whatever he filed suit for.

Answer 5

If you show up to court and the other person or party doesn't, the judge may rule default judgement, meaning you win automatically

Answer 6

btw, these can easily be set aside by the court if you have a reason as to why you didn't answer the complaint.