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Default Judgment

A default judgment is a court order entered against a party who fails to respond to a lawsuit within the required time.

What it actually is

It occurs when a defendant does not file an answer or otherwise appear in court after being properly served with a complaint. The court then assumes the plaintiff's allegations are true and may award the relief requested without a trial. This judgment is typically entered at the plaintiff's request after a specified period of non-response.

Why it matters in your case

For a defendant, it means losing the case by default without ever presenting a defense, often resulting in a binding obligation to pay damages or comply with other orders. For a plaintiff, it provides a swift resolution when the other side fails to participate.

The common misunderstanding

Many people think a default judgment is automatic as soon as the deadline passes, but the plaintiff must usually file a formal request and sometimes prove damages. Others mistakenly believe they can ignore a lawsuit and avoid consequences, but a default judgment can lead to wage garnishment or asset seizure.

Get the actual rule

Definitions are orientation; rules are authority

This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.

Related

Terms that travel with this one

General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.