What Is a Default Judgment? A Plain Guide to What Happens When You Ignore a Lawsuit

Being served with a lawsuit is stressful, and some people respond by doing nothing at all. They hope the case will fade, or they assume they can explain everything later. In civil court, silence has consequences. If a defendant does not respond on time, the plaintiff can ask the court to decide the case without hearing the other side. That decision is called a default judgment.

This guide explains how default works, what a default judgment can lead to and the options people have if one is entered against them. It is general information, not legal advice. Rules and deadlines differ between federal and state courts and from state to state, so anyone facing a real case should speak with a lawyer or a court self help center.

The Deadline to Respond

A civil case usually begins when the plaintiff files a complaint and serves it on the defendant along with a summons. The summons tells the defendant how long they have to respond. In federal court, Rule 12 of the Federal Rules of Civil Procedure generally gives a defendant 21 days after being served to file an answer, or 60 days from when a waiver request was sent if they agreed to waive formal service. State courts set their own deadlines, which can be longer or shorter.

A response usually means a formal answer to the complaint or a motion, such as a motion to dismiss. Calling the plaintiff or writing a letter to the judge is often not enough. The court generally needs a proper filing.

Entry of Default Comes First

In federal court the process happens in two steps under Rule 55. First, if the defendant has failed to plead or otherwise defend, and that failure is shown to the court, the clerk enters the defendant's default. This is a formal note in the record that the defendant has not responded.

Entry of default is not yet a judgment. It is the court recognizing that the defendant has missed the chance to contest the case in the normal way. Many state courts follow a similar two step approach, though the names and procedures vary.

How a Default Judgment Is Entered

The second step is the judgment itself. Under Rule 55(b), if the claim is for a sum certain, such as a specific unpaid amount, the clerk can enter judgment for that amount and costs once the plaintiff shows what is owed. In other cases, the plaintiff must ask the judge. The court may hold a hearing to determine damages, take evidence or look into other questions before deciding.

There are protections built in. A default judgment generally cannot award more than, or something different from, what the complaint asked for, under Rule 54(c). Special rules apply to minors and people who are legally incompetent. Federal law under the Servicemembers Civil Relief Act also requires the plaintiff to file a statement about whether the defendant is in military service before a default judgment is entered.

What a Default Judgment Can Lead To

A default judgment carries the same force as a judgment after trial. Once it is final, the winning party can use legal tools to collect. Depending on state law, those can include wage garnishment, bank account levies and liens on property. A judgment may also follow a person for years, since many judgments can be renewed.

That is why ignoring a lawsuit is risky even when a defendant believes the claim is wrong. The court never hears the defense, so it never has the chance to reject the claim.

Can a Default Be Undone?

Sometimes. Under Rule 55(c), a federal court may set aside an entry of default for good cause. A final default judgment is harder to undo and must meet the standards of Rule 60(b). Grounds include mistake, inadvertence, surprise or excusable neglect, fraud, and a judgment that is void, for example because the defendant was never properly served.

Timing matters. Motions based on mistake, newly discovered evidence or fraud must be made within a reasonable time and no more than a year after the judgment. Courts also tend to look at whether the defendant acted quickly once they learned of the case and whether they have a real defense to raise.

Practical Steps if You Are Served

Read the summons carefully and note the deadline. Check the court's website or self help center for forms and filing instructions. If you cannot afford a lawyer, look for legal aid or a bar association referral service. Most of all, respond on time, even if you plan to settle.

A default judgment is one of the few outcomes in court that a person can usually prevent simply by showing up. Knowing the deadline and filing a response keeps your side of the story in the case.