Legal Definitions - nihil dicit default judgment

A nihil dicit default judgment is a specific type of court order entered against a defendant who has appeared in a lawsuit but has failed to present any legal defense or substantive response to the plaintiff's claims. The Latin phrase "nihil dicit" translates to "he says nothing," which accurately describes the defendant's inaction in challenging the allegations made against them. Unlike a standard default judgment, which might occur when a defendant fails to appear in court at all, a nihil dicit default judgment arises when the defendant acknowledges the lawsuit but then fails to file the necessary legal documents (like an answer, motion, or counterclaim) to dispute the plaintiff's case.

Here are some examples to illustrate this concept:

• Example 1: Business Contract Dispute

  Imagine a small business, "Tech Solutions Inc.," is sued by a client for breach of a software development contract. Tech Solutions Inc. receives the lawsuit and their attorney files a formal "Notice of Appearance" with the court, indicating they are representing the company. However, after filing this initial appearance, Tech Solutions Inc. fails to file an "Answer" to the client's complaint, which would typically admit or deny the allegations and present any defenses. They also don't file any motions to dismiss the case or request more time. Because Tech Solutions Inc. appeared but then "said nothing" in their defense by failing to file a substantive response, the court could enter a nihil dicit default judgment against them, granting the client the relief requested without a trial on the merits.

• Example 2: Debt Collection Case

  Consider a situation where a credit card company sues an individual, Ms. Rodriguez, for an unpaid debt. Ms. Rodriguez receives the summons and complaint and, wanting to acknowledge she received the documents, she sends a letter to the court stating, "I received these papers." This letter is interpreted as an appearance in the case. However, Ms. Rodriguez does not file a formal legal answer disputing the debt, claiming she already paid it, or raising any other legal defenses. Since she appeared by acknowledging the lawsuit but then failed to present any legal argument or defense against the credit card company's claim, the court could issue a nihil dicit default judgment in favor of the credit card company for the amount owed.

• Example 3: Property Dispute

  Suppose Mr. Henderson sues his neighbor, Ms. Chen, over a property line dispute, claiming Ms. Chen's fence encroaches on his land. Ms. Chen hires an attorney who files a document with the court stating that she is represented and intends to defend the case. This constitutes an appearance. However, due to an oversight or miscommunication, Ms. Chen's attorney never files a formal "Answer" to Mr. Henderson's complaint, nor do they file any counterclaims or motions challenging his allegations within the legally required timeframe. Despite having appeared through her attorney, Ms. Chen has "said nothing" in a legally substantive way to counter the claims. Consequently, the court might enter a nihil dicit default judgment, ruling in favor of Mr. Henderson and potentially ordering Ms. Chen to move her fence.