Civil procedure
Default Judgment
A default judgment is a decision for the plaintiff entered because the defendant never responded to the lawsuit.
It happens in two steps. First the clerk enters a default noting the failure to respond; then the plaintiff moves for judgment, and the court decides what relief the well-pleaded complaint supports, sometimes after a hearing on damages.
Courts prefer to decide cases on the merits, so defaults are set aside more readily than people expect. A defendant who moves promptly, offers a real excuse, and shows a plausible defense often gets the case reopened.
Default does not mean automatic victory on the amount. The defendant's failure to respond concedes liability as pleaded, but the plaintiff still has to prove up damages, and courts routinely award far less than the complaint demanded.
How it appears on a docket
CLERK'S ENTRY OF DEFAULT as to Northline Freight LLC for failure to plead or otherwise defend. Motion for default judgment due within 30 days.
Governing rule
Fed. R. Civ. P. 55
Related terms
- Service of Process — Service of process is formally delivering the summons and complaint to a defendant so the lawsuit can proceed against them.
- Judgment — A judgment is the court's final decision resolving the claims in a case and stating who wins and what they get.
More on civil procedure
See this term in a real case
Search federal court records and read the filings where default judgment actually shows up. New to federal dockets? Start with how to find a federal case.