A default judgment is issued when a defendant fails to respond to a complaint filed against them. The plaintiff must provide evidence of proper service and schedule a hearing before a judge. Most defaults occur when the defendant has no legitimate defense. The defendant can request removal by demonstrating no knowledge of the action and a legitimate defense.
A default judgment refers to an unfavorable decision issued by a court against a defendant who failed to appear for a hearing or who failed to respond to a judicial document that required a response. In the US civil court system, most defaults occur when a defendant named in a lawsuit fails to respond to a complaint filed against him. A default judgment has the same legal force and effect as a judgment rendered by a jury after a trial on the merits.
A civil action is officially initiated when a plaintiff files a complaint in court. Civil procedure rules require the plaintiff to give a copy of the complaint to a sheriff, who officially serves the writ, along with a summons, on the defendant. The writ indicates that the defendant has a certain period of time within which to respond to the claim, which, in most jurisdictions, is 21 days from the date of service. If a defendant does not respond to the complaint within the prescribed period, the plaintiff can ask the court for a default judgment.
In order to obtain a default, the plaintiff must file a copy of the sheriff’s service return receipt with the court 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 get his claim approved. A judge will grant a default judgment if the defendant fails to appear at the hearing, and it is evident that the defendant was properly served with the complaint but did not respond. Once a default judgment has been approved, the court enters the judgment in its register and informs the defendant.
Most default judgments occur in cases where the defendant does not have a legitimate defense against the claim, such as an action to repay a loan or a defaulted credit card balance. In these cases, the plaintiff can obtain a judgment without the need for a trial. A plaintiff who is found to be in default becomes a judicial creditor and may seek to attach the assets of a judicial debtor through collection procedures authorized by law.
The defendant, against whom a default has been issued, can request its removal by filing, in court, a request for the annulment of the sentence in absentia. To prevail, a defendant would have to demonstrate to the court that he had no knowledge of the action against him and that he has a legitimate defense for the action. Since awarding a default judgment effectively precludes a party from defending himself against a civil action brought against him, many courts will remove default for proven cause.
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