Imagine filing a personal injury lawsuit and hearing radio silence from the defendant. While incredibly frustrating, this could actually work in your favor.
When a defendant fails to respond to a lawsuit, the court may issue a default judgment—essentially handing you a win because the other side didn’t show up.
But don’t start celebrating just yet—there are some important details to understand about how a default judgment works and what it means for your case.
Let’s take a closer look.
What is a default judgment and how can it help your personal injury claim?
A default judgment (sometimes called a judgment by default) is a ruling issued by the court in favor of the plaintiff when the defendant fails to respond to a lawsuit or doesn’t appear in court. In essence, the court treats the defendant’s lack of response as an admission of liability for the allegations brought against them.
Consider the following hypothetical:
Kelly files a personal injury lawsuit after suffering serious injuries in a car accident caused by Jimmy, the defendant, who ran a red light. Kelly incurred $50,000 in medical bills, lost $20,000 in wages during her recovery, and is seeking an additional $30,000 for pain and suffering—totaling $100,000 in damages. Jimmy receives a summons to appear in court but fails to respond within the required 30 days. Despite multiple notices, Jimmy continues to ignore the court proceedings. At this point, Kelly’s attorney requests that the court issue a default judgment in her favor.
A default judgment can be a major win for plaintiffs. Rather than going through a long trial, you are awarded damages based on the evidence presented in your complaint. This can save you months, or even years, of litigation and help you avoid the stress and uncertainty of trial.
However, a default judgment doesn't mean you’ll automatically receive everything you asked for. In most cases, the court will review the damages you requested and determine whether they are reasonable. If the court finds your requests justified, you may be awarded the full amount of damages. But the court also has the discretion to reduce the amount if they believe it’s excessive.
When can you seek a default judgment against a defendant?
As a plaintiff, you can seek a default judgment if the defendant fails to respond to your lawsuit within a certain period of time, typically 20-30 days, depending on your state’s laws.
The process begins with service of process, which is the formal delivery of legal documents to the defendant, including the complaint and a summons. This service is typically carried out by a process server, sheriff, or another authorized individual.
The complaint sets forth your legal argument and the summons specifies the time frame in which the defendant must respond to the complaint—generally 20 to 30 days—and will also include details about the initial court date. If the defendant does not file an answer within this period, you may ask the court to issue a default judgment in your favor.
In some cases, the defendant might file an answer but fail to engage in the case properly, such as by failing to show up to court. In these situations, you may still have grounds to request a default judgment based on their lack of participation in the legal process.
While requests (or motions) for default judgments vary based on the rules in your jurisdiction, the example below gives you some idea of what the typical motion for a default judgment includes.
[Plaintiff's Name]
[Plaintiff’s Address]
[City, State, Zip]
[Phone Number]
[Email Address]
In the [Name of Court] Court of [State], [Judicial District]
[Case Number]
[Plaintiff's Name],
Plaintiff,
v.
[Defendant's Name],
Defendant.
Motion for Default Judgment
Pursuant to [applicable rule of civil procedure, such as Rule 55], Plaintiff [Plaintiff's Name] hereby moves this Court to enter a default judgment against Defendant [Defendant's Name] on the grounds that the Defendant has failed to respond to the Complaint and Summons served on [date of service]. In support of this motion, Plaintiff states as follows:
- Service of Process: Plaintiff served Defendant with a copy of the Summons and Complaint on [date] in accordance with [state law], as evidenced by the Proof of Service filed with the Court on [date].
- Failure to Respond: The time for Defendant to answer or otherwise respond to the Complaint, as set forth in the Summons, has passed. Defendant was required to respond by [date], but as of the filing of this motion, no response has been received from Defendant, nor has Defendant appeared in this matter.
- Entry of Default: On [date], Plaintiff requested and received a Certificate of Default from the Clerk of Court, indicating Defendant’s failure to respond within the time permitted by law.
- Relief Requested: Plaintiff respectfully requests that this Court enter a default judgment against Defendant and award Plaintiff the relief requested in the Complaint, which includes:
- Compensatory damages in the amount of $[amount] for [medical expenses, lost wages, pain and suffering, etc.].
- Costs of the action in the amount of $[amount].
- Any other relief that the Court deems appropriate.
Declaration:
I declare under penalty of perjury under the laws of the State of [State] that the foregoing is true and correct.
Dated: [Date]
[City, State]
[Plaintiff’s Signature]
[Plaintiff’s Printed Name]
Certificate of Service
I hereby certify that on [date], a true and correct copy of this Motion for Default Judgment was served on the following party(ies) by [method of service, e.g., mail, hand delivery, e-file]:
[Defendant's Name]
[Defendant's Address]
[City, State, Zip][Signature]
[Printed Name]
Dated: [Date]
What happens to your case after a default judgment is entered?
Once a default judgment is entered in your favor, the court may award the damages you requested. This means you’ve won the case without the need for a trial, but the next step—enforcing the judgment—can be more challenging.
In many cases, defendants who don’t respond or show up are unlikely to pay the judgment voluntarily. To collect the money you’re owed, you may need to work with your attorney. Here are some common legal tools used to enforce a judgment:
- Wage garnishment: Your attorney can obtain a court order requiring the defendant’s employer to withhold a portion of their wages, which will then be directed toward paying the judgment. State and federal laws set limits on how much can be garnished, ensuring it doesn’t exceed a certain percentage of their income.
- Bank levy: Another option is to secure a court order to freeze the defendant’s bank account. This allows funds to be withdrawn from the account to satisfy the judgment.
- Lien on property: Your attorney can place a lien on the defendant’s real estate, such as their home or land. A lien acts as a legal claim on the property, ensuring that if it’s sold, the proceeds first go toward paying the judgment before the defendant receives any remaining funds.
- Seizure of personal property: In some cases, you can also seek a court order to seize valuable personal property, such as a car or collectibles, which can be sold to cover the judgment debt.
Can the defendant overturn a default judgment?
Although a default judgment is a strong win for plaintiffs, it’s not always the end of the road. In some cases, a defendant can “vacate” the default judgment. To do this, the defendant must provide a valid reason, such as not receiving proper notice of the lawsuit or dealing with an emergency that prevented them from responding in time.
The process of vacating a default judgment requires the defendant to file a motion with the court, explaining why they were unable to participate in the legal proceedings. The court will review the motion and consider whether the explanation is reasonable and if the defendant acted quickly enough in seeking to have the judgment set aside.
If the court finds the defendant’s reasons convincing, the default judgment can be vacated, meaning it is effectively canceled, and the case will proceed as though the judgment had never been entered. The lawsuit may then move forward, giving both parties the chance to present their arguments and evidence at trial.
It’s important to note that courts are reluctant to vacate default judgments, especially if the defendant’s failure to respond was due to negligence or an attempt to delay the case. However, when genuine issues like improper service or unavoidable circumstances arise, the court may decide to reopen the case.