What is a Default Judgment?
| STEPS OF A LAWSUIT | ||||
|---|---|---|---|---|
| Step 1 | Step 2 | Step 3 | Step 4 | Step 5 |
| Plaintiff files COMPLAINT and SUMMONS | Defendant files ANSWER | Fact finding occurs through DISCOVERY | Any and All MOTIONS | Possible JUDGMENT, MEDIATION or SETTLEMENT is entered. |
| Common Motions | A TRIAL may occur when settlement is not reached. | |||
| When the defendant fails to answer the complaint in a timely manner or at all, the plaintiff may request that the judge enter a default judgment. A default judgment awards the plaintiff reasonable damages requested in the complaint. The defendant then has a specified time period to refute the judgment, pay on the judgment, or risk contempt of court. EXAMPLE - ENTRY OF DEFAULT Attorney
123 Main Street Anytown, US 12345 DISTRICT COURT OF ___________________
This will be filed by the Plaintiff asking the Court to enter Default Judgment on the Defendant. Plaintiff Joe Smith requests the Clerk of Court to enter default against Defendant ABC Plumbing, Inc. for failure to answer or plead in said action as required by law. Default may be served on the Defendant at 100 Main Street, Anytown, USA 12345.
Dated this 1st day of January, 2010 EXAMPLE - DEFAULT JUDGMENT Attorney
123 Main Street Anytown, US 12345 DISTRICT COURT OF ___________________
This is the actual judgment entered by the Court ordering the Defendant to pay damages for failure to answer the claim. Typically, Defendant will have a specified time period to pay or risk contempt of court. IN THIS ACTION, Defendant ABC Plumbing, Inc. having been served with process at their current address and failing to answer or plead to Plaintiff Joe Smith’s Complaint filed with the Court, and the Entry of Default having been entered herein; IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff shall recover from Defendant, the judgment as follows:
Dated this 1st day of January, 2010
At Northwest, we serve as registered agents for service of process in any State for our clients to help you keep your lawsuit complaint more private. |
How to File
How to Defend
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