What Is a Default Judgement?
A default judgment results when a complaint or petition is filed with the court and the defendant or respondent does not answer the complaint or petition. Once the set amount of time given to respond expires, the plaintiff or petitioner can ask the court for default or apply for a clerk's default. Depending on what type of case is filed, the filer is called a plaintiff or a petitioner. The person being sued is called the defendant or respondent. Petitioner and respondent are usually used in family law courts.
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Significance
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If a default judgment is granted, the plaintiff or petitioner attends a default hearing and a final judgment on default is entered, granting the plaintiff or petitioner all reasonable requests made in the complaint or petition.
Function
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A default judgment closes out a case wherein the defendant or respondent has not answered. If the case is allowed to drag out waiting for a response, it may never end, so the rules of procedure give the plaintiff or petitioner a way to end the case within a reasonable amount of time.
Time Frame
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Once a complaint or petition is filed with the court, the plaintiff or petitioner has a certain amount of time (depending on the state and what type of case is filed) to serve the defendant or respondent with the lawsuit. Once the defendant or respondent is served, he or she has a certain amount of time (again, dependent on state and local rules) to respond to the complaint or petition. On the day after the last day of the time allowed, the plaintiff or petitioner can apply to the court for a default, or he or she may request a clerk's default. For example, if the defendant or respondent has 20 days to answer, the day after the last day would be the twenty-first day after the complaint or petition was filed.
Features
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A default judgment is granted if the defendant or respondent does not show up for the default hearing and can show cause as to why she did not respond to the complaint or petition. A default judgment is an order of the court granting the plaintiff or the petitioner any and all reasonable requests made in his complaint. It allows the plaintiff or petitioner to put a lien on the defendant or respondent's property if a money judgment is involved. It can also grant a divorce with the petitioner's requests for
assets, liabilities and custody should the respondent not come forward.
Considerations
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A default judgment can be very detrimental to you. Always respond to a complaint or petition filed against you--it will not just go away. If you have a default judgment entered against you, you will be liable for any payments and actions the default judgment specifies.
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Comments
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The defendant in my case did not file an answer so the clerk gave me a default judgment when they were one week late. In Florida what form do I complete now and file with the court to get my money?
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Olivia Hart
Feb 17, 2011
hmmmm i have a hearing coming up on the 25th and need good defensese-i failed to respond, but had responded earlier--they added an amendment...and i responded--earlier, but now i got to come up with what to say to block 2-25 default attempt which was issued to me --and i am within time to respond now--confused--yeahn me too HOA are the devil-- you could file for a chapter 13 emergency and get the paperwork in within 14 days, that might help--see a bk lawyer on that consults are free ussually -
friend123
Feb 10, 2010
I received a judgement against me for unpaid HOA dues, and do not have a lawyer. I responded to the the lawyers for the HOA that I had received the complaint, did not know I had to respond to the courts. Can I appeal, this is in Ga.
