A default judgment is a court ruling against a party who fails to respond to a lawsuit or fails to appear. When a defendant does not answer a complaint or otherwise defend within the required time, the plaintiff can ask the court to enter judgment without a trial. A default judgment can decide the case, order the defendant to pay damages, or grant other relief. Because it happens without the defendant's participation, the rules that govern it include ways to set it aside. This guide explains how default judgments work, where they differ from a simple entry of default, and how they can be challenged.
Default vs. Default Judgment
Two steps are often confused. An entry of default is a clerk's notation that a party has failed to plead or defend within the time allowed. A default judgment is the actual ruling that grants the plaintiff relief. In federal court, Rule 55 of the Federal Rules of Civil Procedure covers both. The entry of default comes first; the default judgment comes after.
| Step | Who handles it | What it means |
|---|---|---|
| Entry of default | Court clerk, on request | The defendant has not responded in time |
| Default judgment | Clerk or judge | The court grants relief to the plaintiff |
When a Default Judgment Is Available
A default judgment becomes available when a party against whom relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or the record. The plaintiff must usually show that the defendant was properly served with the complaint and summons, because a court needs personal jurisdiction over the defendant to bind them. If service was defective, a default judgment is vulnerable to attack.
Clerk's Entry vs. Judge's Decision
Rule 55 divides the work between the clerk and the judge. If the plaintiff's claim is for a sum certain, or a sum that can be made certain by computation, and the defendant has not appeared, the clerk may enter a default judgment for that amount plus costs. If the amount is uncertain, or the defendant has appeared, or the claim requires something other than money, the plaintiff must apply to the court. The court may hold a hearing to determine the amount of damages and can require evidence to support the claim.
Damages and Proof
A default does not automatically mean the plaintiff receives everything requested. When the court sets damages, it still needs a basis for the number. The plaintiff may have to submit affidavits, records, or testimony. In many cases the court holds a prove-up hearing, sometimes called an inquest, to establish the amount. This protects against inflated or unsupported claims and is especially important when the defendant has not appeared to contest the figures.
Setting Aside a Default or Default Judgment
A party who wants to undo a default faces two standards. Under Rule 55(c), a court may set aside an entry of default for good cause. Under Rule 60(b), a court may relieve a party from a final default judgment for reasons such as mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, fraud, or a void judgment. Courts often consider whether the default was willful, whether setting it aside would prejudice the plaintiff, and whether the defendant has a meritorious defense. The rules favor deciding cases on the merits when the defendant acts reasonably promptly.
When Default Judgment Is Not Available
Some parties and situations are protected. A default judgment cannot be entered against an infant or a person who is incompetent unless a guardian or representative has appeared. Federal law also limits default judgments against active-duty service members under the Servicemembers Civil Relief Act, which allows a court to stay proceedings and requires an affidavit about military status before default. States have their own protections, and some claims, such as certain family law matters, require additional steps.
Default Judgment Compared to Other Outcomes
| Outcome | How it arises | Effect |
|---|---|---|
| Default judgment | Defendant fails to respond | Plaintiff wins without a trial |
| Dismissal | Plaintiff fails to prosecute or claim fails | Case ends, sometimes with leave to refile |
| Summary judgment | No genuine dispute of material fact | One side wins based on the record |
| Settlement | Parties agree | Case ends by agreement |
Consequences of a Default Judgment
A default judgment is a binding court order. It can be enforced through collection tools such as wage garnishment, bank levies, and liens on property, depending on state law. It can appear on credit and public records and may affect future borrowing. Because a default judgment can carry lasting consequences, a person who receives a summons should not ignore it, even if they believe the claim is wrong.
State Variation
State rules mirror Rule 55 but differ in details. The time to respond, the procedures for a prove-up, the grounds for vacating a default, and the protections for certain defendants all vary. Some states use different terms, such as default decree. Check the rules of the court where the case was filed.
How to Respond If a Default Is Entered
A defendant who learns that a default has been entered should act quickly. The first step is usually to file a motion to set aside the default or the judgment, supported by a declaration explaining the reason for the missed deadline and setting out a defense to the claim. Waiting can hurt, because courts consider how promptly the defendant moved once they learned of the default. Consulting an attorney early is important, since the deadlines and procedures differ by court and the judgment can be enforced while the motion is pending.
If the motion is denied, the defendant may still have options, including an appeal in limited circumstances or a later motion under Rule 60(b) if new grounds arise.
Where to Find the Rules
Rule 55 of the Federal Rules of Civil Procedure appears at uscourts.gov and is summarized at law.cornell.edu. The Servicemembers Civil Relief Act is published by the Department of Justice and available on govinfo.gov. State court websites publish their own rules and forms.
This guide is general information about civil procedure and is not legal advice. Default deadlines are short, so anyone who has been served with a lawsuit or a default judgment should consult a licensed attorney quickly.