What Is a Default Judgment and How to Vacate the Judgment?

By Leonard R Gendelberg

A default judgment is a judgment obtained by a plaintiff in a civil lawsuit when a defendant fails to respond to a complaint. A defendant can respond with an answer, a formal written statement admitting or denying the complaint, or a demurrer, a motion challenging the legality of the complaint. In many state courts, a defendant has 30 days to respond to a complaint. If you are a plaintiff, you can attempt to get a default judgment by filing a complaint and making service upon the defendant. In court, you will be asked to show proof of service upon the defendant and evidence that you suffered a verifiable financial loss.

A plaintiff typically obtains a default judgment when a defendant fails to show up for their first court date. Yet, a plaintiff cannot get a default judgment just because the defendant does not appear. The plaintiff must also clearly relate the facts of their case and present any written documents that support their claims. Examples of such documents are contracts, bills, and addendums to oral agreements. It is always best to provide an original signed contract, or a copy of this contract, if available.

A defendant who has a good reason for not appearing at their first court proceeding can request that a judge set aside the default judgment. The action of setting aside is also called quashing or vacating the judgment. A defendant can request that a judge set a judgment aside by filing a motion in the court that issued the judgment. A defendant is usually successful in getting a judgment set aside if they have not been properly served. Process servers and relatives sometimes fail in providing the defendant with proper notice of service. When a default judgment is set aside, it is not dismissed. A judge may re-hear the case and enter a judgment against the defendant again if the plaintiff re-files their case.

If you are a defendant in a civil case, avoid a default judgment by keeping your court date in mind. File any necessary documents, such as papers to oppose a motion, in a timely manner. Raise any defenses, which will be called "affirmative defenses," in your answer. Otherwise you may be barred from raising these defenses later on. A defendant can avoid a default judgment by remaining prepared, organized, and alert. It is highly recommended that you speak with an experienced judgment lawyer - most now provide completely free legal consultations. You will have the opportunity of discussing your specific needs and the best way to obtain the desired results.

A default judgment is a judgment obtained by a plaintiff in a civil lawsuit when a defendant fails to respond to a complaint. A defendant can respond with an answer, a formal written statement admitting or denying the complaint, or a demurrer, a motion challenging the legality of the complaint.

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