What Is a Default Judgment and How Can You Avoid One?
A default judgment is a court ruling against a party who did not respond to a lawsuit in time. In many cases, the person never argued the case at all. They simply missed a deadline. Because of that, a default judgment is one of the most avoidable losses in civil court. This guide explains how it happens and what you can do.
How a default judgment happens
A civil case usually starts when the plaintiff files a complaint. Then the plaintiff serves the defendant with the complaint and a summons. The summons tells the defendant how long they have to respond.
If the defendant does nothing by that deadline, the plaintiff can ask the court to note the default. After that, the plaintiff can ask for a default judgment. In federal court, this process is set out in Rule 55 of the Federal Rules of Civil Procedure.
In other words, silence can decide the case. The court may never hear your side of the story.
Default judgment deadlines to know
The time to respond depends on the court. Here are a few common examples:
- Federal court: In general, a defendant has 21 days after service to file an answer, under Federal Rule of Civil Procedure 12. That time is longer in some cases, such as when the defendant waives formal service.
- California state court: A defendant generally has 30 days after service to respond.
- Texas state court: The answer is generally due by 10:00 a.m. on the Monday after 20 days have passed since service.
These are only examples. Every state sets its own rules. So always read your summons closely and check the rules for your court. The U.S. Courts publish the Federal Rules of Civil Procedure online.
How to avoid a default judgment
The best defense is a timely response. Here are the key steps:
- Do not ignore the papers. Read the summons and complaint as soon as they arrive.
- Find the deadline. Count the days carefully, and note whether weekends and holidays change the date.
- File a response. This is usually an answer, though some defendants first file a motion, such as a motion to dismiss.
- Serve the other side. Most courts require you to send a copy of your filing to the plaintiff or their attorney.
- Keep records. Save copies of everything you file, along with proof of service.
If you are unsure how to respond, talk to a licensed attorney early. Time matters here, and waiting can limit your options.
Can a default judgment be undone?
Sometimes, yes. Courts generally prefer to decide cases on their merits. As a result, many courts allow a party to ask that a default or default judgment be set aside.
In federal court, Rule 55(c) lets a court set aside an entry of default for good cause. For a default judgment, Rule 60(b) lists reasons a court may grant relief, such as mistake, excusable neglect, or a judgment that is void. State courts have their own versions of these rules.
However, these motions have deadlines too. In addition, the court may want to see that you acted quickly once you learned of the judgment. So the sooner you act, the better your chances.
What happens after a default judgment?
A default judgment works like any other judgment. For example, the winning party may try to collect through wage garnishment, a bank levy, or a lien on property, depending on state law. It may also show up in public court records.
That is why it pays to respond on time. Even if you believe the claim is wrong, the court needs to hear from you.
Learn the process step by step
If you want to understand each stage of a civil case, Lawtopolis offers free plain-English guides. Its glossary of court terms and its guide to being served with a lawsuit are good places to start. Lawtopolis is a sister brand of Creative Geniusess.
For more legal coverage, browse our Law & Legal section.
The bottom line
A default judgment can happen without a single hearing on the facts. In most cases, it comes down to a missed deadline. Read every court paper right away, find your deadline, and file a response on time. If the court has already entered a default, act fast and ask the court for relief.
This article is general information, not legal advice. Court rules and deadlines vary by state and can change. Speak with a licensed attorney about your situation.
