Judgment By Default

Judgment By Default in United States

Practical Information

Note: Some of this information was last updated in 1982

After a summons (in U.S. law) has been served and returned to the court, the court has jurisdiction (in U.S. law) over the defendant (see parties to an action (in U.S. law)). If the defendant fails to defend a civil case by filing proper pleadings (in U.S. law), or fails to appear within a definite time, a judgment is given against the defendant in his or her absence. This judgment is called judgment by default.

It is important for the lawyer for the defendant to remember (see reminders (in U.S. law)) the return day of summons. Failure to do so may lead to a failure to answer by that date resulting in a default judgment. After judgment by default is entered, the plaintiff is known as a judgment creditor and the defendant as a judgment debtor. If the judgment debtor does not pay the judgment, the attorney for the judgment creditor may ask the Clerk of the Court to issue execution. Should the execution be returned unsatisfied, the attorney will commence supplementary proceedings, if the judgment debtor appears to have any assets out of which the judgment may be collected.

(Revised by Ann De Vries)

What is Judgment By Default?

For a meaning of it, read Judgment By Default in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Judgment By Default.

See Also

Default Judgment in this Legal Encyclopedia
Default Judgment definition in the Law Dictionary


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