A default judgment refers to an adverse decision issued by a court, against a defendant who has either failed to appear for a court hearing, or who has failed to reply to a court document that required a response. In the United States civil court system, most defaults occur when a defendant named in a lawsuit fails to answer the complaint filed against him. A default judgment has the same force and legal effect as a judgment issued by a jury, after a trial on the merits.
A civil action is officially commenced when a plaintiff files a complaint in court. The civil rules of procedure require a plaintiff to give a copy of the complaint to a sheriff, who officially serves the document, along with a summons, to the defendant. The summons indicates that the defendant has a certain period of time within which to respond to the complaint, which, in most jurisdictions, is 21 days from the date of service. If a defendant fails to reply to the complaint within the prescribed time period, a plaintiff may apply to the court for a default judgment.
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In order to obtain a default, a plaintiff must file with the court a copy of the sheriff’s return of service receipt as evidence that the defendant was properly served, but neglected to respond in a timely manner. A plaintiff must then schedule a hearing before a judge to seek approval for his request. A judge will grant a default judgment if the defendant does not appear at the hearing, and it is evident that the defendant was properly served with the complaint yet failed to respond. Once a default judgment has been approved, the court enters the judgment on its docket and notifies the defendant.
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Most default judgments occur in cases where the defendant has no legitimate defense to the complaint, such as an action for repayment of a loan or a defaulted credit card balance. In these cases, a plaintiff can obtain a judgment without the necessity for a trial. A plaintiff who is awarded a default becomes a judgment creditor, and can seek to attach the assets of a judgment debtor by collection procedures authorized by law.
A defendant, against whom a default has been issued, can seek to have it removed by filing, in court, a request to vacate the default judgment. In order to prevail, a defendant would have to demonstrate to the court that he was unaware of the action against him, and that he has a legitimate defense to the action. Since the award of a default judgment effectively precludes a party from defending against a civil action filed against him, many courts will remove the default for good cause shown.