25:
409:"; this may be automatic, or it may require the court clerk to enter the default (which may, in turn, require that the plaintiff request entry of the default). Some defaults do not take effect until a set period of time after the clerk acts. The clerk may have to give the defendant notice of his default, affording a chance to have the default vacated.
310:
the judgment. A process is gone through whereby the defendant states how soon they can afford to pay the debt (usually monthly installments) and the claimant can either accept this, or request another amount. The court's staff will suggest a figure and ultimately a district judge (N.B. In
England and
468:
A court entertaining a motion to vacate a default judgment often considers the reasons presented the defendant's failure to respond (such as "excusable neglect" and the prejudice that might be suffered by the other party). The court must weigh these factors in light of two competing considerations:
429:
Often, a certain additional time is required before a default judgment is permissible, and there may need to be additional notice to the defendant. Some states do not allow a default judgment to be entered against some defendants while other defendants are actively litigating the same case; this is
323:
The documents were not served correctly. The defendant has to show that the documents were not served, which would explain why the claimant had ability to enter judgment. This has to be done by way of an "application on notice" (motion). Evidence has to be shown to the procedural judge. This used to
256:
If money is claimed, the claimant can choose how their judgment will be phrased. Almost always there will be a request that the money claimed, the court fee, and interest at 8% on the money from when the claim form was issued up until date of judgment, and if legally represented a fixed contribution
437:
significantly restricts default judgments against members of the military services. The law requires that before a default judgment may be entered, the plaintiff must make a certification as to the military service status of the defendant whose default is sought. This certification may be made in
327:
There is some good reason why judgment in default should be set aside. This covers any situation but is commonly used when service was effected properly, but still did not come to the attention of the defendant (perhaps they were on a long vacation, or in hospital). Many jurisdictions also require
450:
A defendant who has had a default judgment entered against him may move for an order vacating the judgment. Such a defendant must show "good cause" for his not having responded to the complaint. However, "good cause" is rather easy to meet, compared to other instances where "good cause" might be
420:
A defaulted defendant may move the court from relief from his default, but usually must do so promptly and must provide "good cause" for his failure to answer the complaint in time. Often, part of the procedure for relief from default involves the defendant filing an answer to the complaint. The
345:
In practice, an application to set aside default judgment is almost always granted. This fact is seized upon by so-called 'credit repair' companies. A person whose credit record is adversely affected by a registered judgment pays a credit repair company who advises them how to apply to have it set
331:
The claimant entered judgment when they were not entitled so to do. For example, perhaps a defense was filed in time, but the claimant still attempts to enter judgment. The court staff usually check for things like this, but occasionally things slip through the net. It used to be the obligation of
349:
Pragmatic reasons why judgments are set aside are mainly because on balance, it is seen as better to give a person who may have a good defense extra time, and avoid a potentially devastating judgment, and thereby keep a claimant out of their money for a further two to four weeks, than give the
404:
of service (also known as a proof of service), which gives enough information to allow the court to confirm that valid service has been accomplished. Typically the affidavit states, under oath or penalty of perjury, that service was effected on a named defendant, briefly describes how it was
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it was held that a judgment in default means just that – it is a judgment obtained due to default. It does not mean that the court has agreed with what was claimed, or favors one or other case. Therefore, if the issue arises again, the defendant is not prevented from arguing the facts again.
311:
Wales a district judge is one of the lowest levels of judge) will make a decision. The decision is binding, even if it means the claimant is out of their money for a considerable amount of time, and even if interest cannot be charged on the outstanding sum (which it usually can not).
336:
In the last circumstance of the above, the defendant can get the judgment canceled as of right. Otherwise, the defendant needs to show what their defense will be, and if the court thinks that the defendant is effectively 'stalling for time' they will not get the judgment set aside.
441:
Some jurisdictions allow a clerk of court to enter default judgment in certain simple cases. These typically involve no exercise of judgment or discretion. Otherwise, a default judgment must be issued by a judge, who may require the plaintiff to present proof of his claims.
219:. This either states a monetary figure on it, together with fixed costs and court fees; alternatively if the amount cannot be determined, it will be for an amount 'to be assessed'. A claimant may not wish to recover money at all, in which case the claim Form states this.
248:
If the defendant acknowledged to the court that the papers were served within the 14-day period, then the defendant is given 28 days to take a further step. If the defendant fails to do so, again judgment can be entered as above; this time formally known as
388:) are the basis for many procedures in default. Federal Rule 37(b)(iii) states that a plaintiff can be found in default and have his case dismissed if the plaintiff repeatedly fails to comply with things like court orders and discovery requests.
430:
an application of the "one final judgment" rule. Others will allow "several judgment" (judgment with respect to some defendants at one time, and with respect to others at another time), at least under some circumstances.
178:
for disputants to bring a bundle of arrows to court, Zheng says that "Failure either to appear in court or to present a bundle of arrows should be tantamount to admission that one lacks a straight account of the facts."
346:
aside. This is usually of little effect: the judgment will be re-entered very quickly if there is no actual defense, and there are usually other records which affect a person's credit rating, not just the judgment.
289:
The defendant's name is also entered onto a register (although if they pay within a month it will be removed) which is open to everyone, and is particularly used to vet the credit-worthiness of people.
412:
The entry of a default typically prevents the defaulted defendant from litigating his case or presenting evidence, and may excuse the other parties from giving him notice of further proceedings.
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required. For example, mere "excusable neglect" is, at least at the federal level, a sufficient reason to vacate default judgments. There are often time limits and other requirements.
237:
If the defendant fails to reply within 14 days of service, the claimant can apply for a judgment in default, either by simply requesting the court's administrative staff enter judgment
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effected, names the person who made service, and gives the place and date service was effected. Once the requisite time to respond to the complaint has passed, the defendant is "in
267:
If any other remedy is claimed, the claimant would have had to apply to the procedural judge for the judgment in default, and therefore the judge will determine what happens next.
1103:
421:
defendant relieved from default may also be required to pay any extra costs and fees incurred by the plaintiff as a result of the delay in the defendant's filing his answer.
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However the court can, and often does, order conditions to be satisfied, such as a draft defense being filed first, money paid into court, or similar conditions.
257:
to legal costs, be ordered to be paid immediately. However, the claimant could simply request the defendant be ordered to pay at a later date or in installments.
1003:
1029:"The New York State Attorney General Andrew M. Cuomo Announces Arrest of Long Island Business Owner for Denying Thousands of New Yorkers Their Day in Court"
377:
396:
Typically, the plaintiff (or cross-complainant, cross-plaintiff, counter-claimant, counter-plaintiff, third-party plaintiff, etc.) must show that
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was effected on the defendant (cross-defendant, counter-defendant, third-party defendant, etc.). This is typically achieved by the filing of an
35:
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the complaint, in a document filed with the proof of service, or later. Depending on the circumstances, other requirements may also apply.
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364:
In the United States the law relating to a default judgment depends upon the jurisdiction within which the civil action was filed.
457:, where a default judgement is obtained by fraud by not properly notifying the defendant that they are being sued, may result in a
461:
the default judgement, a civil lawsuit against a dishonest plaintiff or process server, or criminal charges for swearing a false
373:
89:
in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a
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241:(which is sufficient for routine cases), or by making a formal application to the procedural judge. The judgment is known as
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have their own laws and local procedural rules relating to the granting and setting aside of a default judgment. The
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the claimant to apply to set aside their own judgment in these circumstances, but this obligation was dropped in 2005.
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the general preference for cases to be decided "on the merits", and the important need for "finality in litigation."
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If a defendant accepts the judgment, and the amount, but is unable to pay, the defendant may apply to
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In modern China, default judgements are generally enforceable (subject to relevant treaties and
16:
Legal judgment in favor of either party based on some failure to take action by the other party
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43:
8:
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Setting aside a judgment in default is covered by Part 13 of the Civil
Procedure Rules.
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the defendant to proffer a meritorious defense before vacating the default judgment.
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109:. The default judgment is the relief requested in the party's original petition.
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There are three grounds for canceling ('setting aside') the default judgment.
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650:"PART 13 – SETTING ASIDE OR VARYING DEFAULT JUDGMENT – Civil Procedure Rules"
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The concept of default judgement appears in ancient China, including in
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interpretations for foreign judgements) if it can be demonstrated that
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764:, D.C. Super Ct. R. 55(a) (14 days, if the clerk dockets the default
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The judgment is binding and failure to comply with it means that
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752:, Md. R. 2-613(b); Judicial Council of California, Form CIV-100.
931:, F.R.Civ.P.55(b)(1); Calif. Code Civ. Proc. §§ 585(a), 1169.
128:
102:
816:, Cal. Code Civ. Proc. §§ 473(b), 473.5; Md. R. 2-613(d).
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The claim form (together with other documents, known as
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California
Practice Guide: Civil Procedure Before Trial
139:
of damages is required, the court may schedule another
127:, a default judgment will enter the amount of damages
981:
613:"PART 12 – DEFAULT JUDGMENT – Civil Procedure Rules"
978:, F.R.Civ.P. 55(c), 60(b); Va. Sup. Ct. R. 3:19(d).
270:Judgments in default are covered by Part 12 of the
260:If money is claimed but the amount is not fixed, a
143:on that issue. A party can have a default judgment
639:, August 5, 1999; (1999) 96(33) Law Soc Gazette 29
314:
243:judgment in default of acknowledgement of service
1110:
1104:Lawsuit Updates: Town of Southampton in Default
708:S. Baicker-McKee, W.M. Jansen, & J.B. Corr,
324:be called setting aside an "irregular judgment".
543:直: The Emphasis of Verification in Early China"
505:
445:
588:"Enforcement of Judgments in China: Overview"
32:The examples and perspective in this article
1093:Civil Procedure Rules in England and Wales:
740:, F.R.Civ.P. 12(a); Va. Sup. Ct. R. 3:19(a).
264:is listed to determine the amount of money.
804:, Md. R. 2-613(d); Va. Sup. Ct. R. 3:19(b).
301:
174:. Regarding a requirement mentioned in the
105:of law. The failure to take action is the
154:
70:Learn how and when to remove this message
537:Zhang, Zhaoyang; 朝, 陽張 (December 2011).
1004:"Debt Collection through Sewer Service"
1111:
536:
513:"Legal Definition of default judgment"
415:
198:
899:Soldiers and Sailors Civil Relief Act
849:, D.C. Super Ct. Civ. Proc. R. 55(c).
515:. Legal-glossary.org. 19 January 2013
277:
193:
168:'s 2nd century CE commentary on the
18:
947:, R.I. Weil & I.A. Brown, Jr.,
837:, Calif. Code Civ. Proc. §§ 473(b).
424:
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13:
699:, Calif. Code Civ. Proc. § 417.30.
14:
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101:or has failed to appear before a
382:Federal Rules of Civil Procedure
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895:Servicemembers Civil Relief Act
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435:Servicemembers Civil Relief Act
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315:Setting aside default judgment
251:judgment in default of defense
1:
712:, Thomson/West, 2007, p. 220.
239:filing a request for judgment
112:Default can be compared to a
951:, The Rutter Group, ¶ 5:121
710:Federal Civil Rules Handbook
446:Relief from default judgment
370:United States Federal Courts
7:
1080:, 408 A.2d 991 (D.C. 1979).
1064:, 298 A.2d 220 (D.C. 1972).
472:
340:
46:, discuss the issue on the
10:
1140:
966:, Va. Sup. Ct. R. 3:19(c).
861:, Va. Sup. Ct. R. 3:19(b).
484:European Enforcement Order
272:Civil Procedure Rules 1998
792:, Va. Sup Ct. R. 3:19(a).
559:10.1179/mon.2011.59.1.001
498:
302:Varying default judgment
159:
910:50 USC App. § 521(b)(1)
378:Administrative Agencies
286:action could be taken.
97:has not responded to a
993:, F.R.Civ.P. 60(c)(1).
539:"The Legal Concept of
494:(criminal counterpart)
350:claimant the benefit.
184:Supreme People's Court
155:Specific jurisdictions
919:50 USC App. § 521(b).
901:), 50 USC App. § 521.
1060:, F.R.Civ.P. 60(b);
224:particulars of claim
52:create a new article
44:improve this article
34:may not represent a
1039:on 17 November 2010
416:Relief from default
199:How judgment arises
780:, Md. R. 2-613(c).
687:, F.R.Civ.P. 4(l).
675:, Md. R. 2-613(a).
654:www.justice.gov.uk
617:www.justice.gov.uk
398:service of process
278:Effect of judgment
234:on the defendant.
188:process was served
825:F.R.Civ.P. 55(c).
211:starts a case by
205:England and Wales
194:England and Wales
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54:, as appropriate.
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433:Title II of the
425:Default judgment
392:Entry of default
295:Masters v Leaver
262:disposal hearing
131:in the original
119:in sports. In a
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873:, Virginia.
553:(1): 1–16.
491:in absentia
284:enforcement
121:civil trial
1113:Categories
1043:12 January
1014:2015-01-24
766:sua sponte
659:2024-06-09
622:2024-06-09
597:26 January
572:26 January
217:claim form
166:Zheng Xuan
123:involving
60:April 2023
567:192703932
463:affidavit
402:affidavit
386:55 and 60
376:and many
149:set aside
133:complaint
95:defendant
93:when the
91:plaintiff
48:talk page
473:See also
341:Practice
209:claimant
87:judgment
42:You may
1099:Part 13
1095:Part 12
407:default
384:(Rules
213:issuing
145:vacated
141:hearing
129:pleaded
125:damages
117:victory
114:forfeit
107:default
99:summons
565:
489:Trial
232:served
230:) are
226:and a
135:. If
637:Times
563:S2CID
519:3 Apr
499:Notes
160:China
147:, or
137:proof
103:court
50:, or
1097:and
1074:E.g.
1058:E.g.
1045:2022
991:E.g.
976:E.g.
964:E.g.
945:e.g.
929:E.g.
883:E.g.
871:E.g.
859:E.g.
847:E.g.
835:E.g.
814:E.g.
802:E.g.
790:E.g.
778:E.g.
762:E.g.
750:E.g.
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