Legal Meaning Default Judgement

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Legal meaning default judgement. Example of a state statute on judgment by default. Once you obtain a default judgment against someone you can proceed to collect on the judgment or take whatever other action the judgment permitted you such as eviction or foreclosure. Under rules of civil procedure when a party against whom a judgment for affirmative relief is sought has failed to plead i e answer or otherwise defend the party is in default and a judgment by default may.

Judgment entered against the defendant if the defendant does not defend or otherwise respond to the law suit filed against them. Default judgment law and legal definition. To explore this concept consider the following default judgment definition.

Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. The default judgment is the relief requested in the party s original petition. When the defendant does not show up in court to contest the validity of the claim a judgment will be rendered in favor of the non defaulting party automatically which is called a default judgment.

Default judgment means a judgment entered or given in the absence of the party against whom it is made. The failure to take action is the default. Most often it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law.

The defendant must show a legitimate excuse and good defense to the lawsuit in order to have the default set aside. Default judgments are most often awarded to plaintiffs when the defendant fails to respond but a defendant may be awarded such a judgment in the event the plaintiff fails to attend a hearing or trial or fails to meet certain deadlines for filing documents. Judgment entered against a party who has failed to defend against a claim that has been brought by another party.

However the defendant may be able to attack the judgment if he can show that his failure to answer was the result of excusable neglect. No matter which side of a civil case you re on it s important to understand what a default judgment means to your lawsuit and what happens next. If a defendant in a lawsuit fails to respond to a complaint in the time set by law usually 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.