What is a default judgment?

If the defendant fails to answer the plaintiff's claims or fails to appear at the hearing, the judge may, upon the plaintiff's request, hear and decide the case without hearing the defendant's side. This is called a default judgment. If the judge grants a default judgment, the plaintiff is entitled to the amount of money damages specified in the suit, plus court costs. If the plaintiff is asking for any non-money damages (such as property), a separate hearing must be held to determine the dollar value of the damages. If the defendant doesn't file an answer to the claim within 30 days, the defendant shall be in default. However, after the expiration of the 30 days, the defendant has 15 days in which to "open the default" by filing an answer and paying court costs.

Show All Answers

1. Are there any types of cases that cannot be filed in Magistrate Court?
2. Can I electronically file my case in the Magistrate Court?
3. Can the defendant file a late answer?
4. How do I electronically file my case?
5. How does one appeal a judgment?
6. How does one collect the award?
7. How does one prepare for the hearing?
8. How does the defendant know that he or she is being sued?
9. How does the plaintiff know that an answer has been filed?
10. Is there a cost to filing an answer or a counterclaim?
11. May I reschedule a court date?
12. The party who sued me actually owes me money. What can I do?
13. What do I bring to court?
14. What happens after the defendant is served with the Statement of Claim?
15. What happens if I file a case in the wrong court?
16. What is a default judgment?
17. What is the procedure for the hearing?
18. Where should I file my case?
19. Who may file a claim or have a claim filed against?