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Courts and procedure
Default judgment
A judgment given to the plaintiff because the defendant failed to answer or appear to contest the claim. 1
Talk to a lawyerHow it works
In bankruptcy it comes up in adversary proceedings, the lawsuits inside a bankruptcy case that begin with a complaint. The federal civil rule on defaults applies there. 1 2
The defendant's formal written response to a complaint is called an answer. When a party who is being sued fails to plead or otherwise defend, the clerk must enter that party's default. 1 2
A default is not always final. A court may set aside an entry of default for good cause, and it may set aside a final default judgment under a separate civil rule. 3
Suing the government is different. A default judgment may be entered against the United States or its agencies only if the claimant proves the claim with evidence that satisfies the court. That matters in a student loan discharge case, which is brought as an adversary proceeding in which the debtor must prove undue hardship. 3 4
Common questions
What happens if I do not respond to a complaint filed in my bankruptcy case?
A party who fails to plead or otherwise defend can have a default entered against them. How and when to respond depends on the court rules, so a lawyer's help matters here. 2
Can a default judgment be undone?
Sometimes. A court may set aside an entry of default for good cause, and a final default judgment under a separate civil rule. Whether a court will do so depends on the case. 3
Sources
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