Legal Definitions - Nil dicit default judgment

A Nil dicit default judgment is a legal ruling made by a court in favor of the plaintiff (the party who filed the lawsuit) because the defendant (the party being sued) failed to file a required legal response to the complaint within the specified timeframe.

Essentially, "nil dicit" is Latin for "he says nothing." This type of judgment occurs when the defendant receives proper notice of a lawsuit but chooses not to formally respond to the allegations by filing an "answer" or another appropriate legal document with the court. Because the defendant has not presented any defense or counter-argument, the court can grant the plaintiff what they requested in the lawsuit without needing to hold a full trial on the merits of the case.

Here are some examples illustrating a Nil dicit default judgment:

• Example 1: Unpaid Business Debt

  Imagine a small business, "Tech Solutions Inc.," sued a client, "Innovate Corp.," for $15,000 for services rendered that were never paid. Tech Solutions Inc. properly served Innovate Corp. with the lawsuit papers. However, Innovate Corp. did not file an "answer" or any other legal response with the court by the deadline, perhaps due to an oversight or a decision not to contest the debt. Because Innovate Corp. "said nothing" in response to the complaint, Tech Solutions Inc. could ask the court for a nil dicit default judgment. If granted, the court would legally order Innovate Corp. to pay the $15,000 to Tech Solutions Inc. without a trial.

• Example 2: Breach of Contract for Services

  Sarah hired a contractor, Mr. Jones, to renovate her kitchen, paying him an upfront deposit. Mr. Jones started the work but then abandoned the project without completing it and refused to return the deposit. Sarah filed a lawsuit against Mr. Jones for breach of contract and sought the return of her deposit plus damages. Mr. Jones received the lawsuit documents but never filed any formal response with the court by the deadline. In this situation, Sarah could request a nil dicit default judgment. The court would likely rule in Sarah's favor, ordering Mr. Jones to pay her the requested amount because he failed to respond to the legal claims against him.

• Example 3: Property Damage Claim

  A homeowner, Mr. Chen, sued his neighbor, Ms. Rodriguez, after Ms. Rodriguez's tree fell during a storm and caused significant damage to Mr. Chen's fence and shed. Mr. Chen alleged negligence on Ms. Rodriguez's part for not maintaining the tree. Ms. Rodriguez was served with the lawsuit but did not file an answer or any other legal document to dispute the claims within the court's required timeframe. Consequently, Mr. Chen could seek a nil dicit default judgment. This would result in the court finding Ms. Rodriguez liable for the damages and ordering her to compensate Mr. Chen, all because she did not formally respond to the lawsuit's allegations.