Legal Definitions - take a default judgment

To take a default judgment refers to the legal action a plaintiff (the person or entity filing the lawsuit) initiates when a defendant (the person or entity being sued) fails to respond to a lawsuit within the legally required timeframe. Essentially, if a defendant does not file an answer or otherwise appear in court to defend themselves after being properly notified of a lawsuit, the plaintiff can ask the court to rule in their favor automatically. This process typically involves the plaintiff demonstrating to the court that the defendant was served with the lawsuit papers and then providing evidence to prove the damages or relief they are seeking, before a judge signs a final order granting the plaintiff's request.

• Example 1: Unpaid Services
  "Creative Designs LLC" provided graphic design services to a client, "Local Eatery," for a new menu and marketing materials, totaling $2,500. Local Eatery never paid the invoice. Creative Designs LLC filed a lawsuit to recover the payment. The owner of Local Eatery received the official court summons and complaint but was too busy with restaurant operations and simply ignored the legal documents.

  Explanation: Because Local Eatery failed to file a response with the court within the deadline specified in the summons, Creative Designs LLC can take a default judgment. This means Creative Designs LLC can ask the court to issue a final judgment ordering Local Eatery to pay the $2,500, plus any applicable interest and court costs, because Local Eatery did not formally dispute the claim or appear to defend itself.

• Example 2: Property Damage Claim
  During a heavy storm, a large tree from Mr. Henderson's property fell onto his neighbor Ms. Chen's fence, causing significant damage. Ms. Chen's insurance company paid for the repairs and then sued Mr. Henderson to recover the cost, arguing he was negligent in maintaining the tree. Mr. Henderson received the lawsuit papers but was out of the country on an extended trip and did not arrange for anyone to respond on his behalf.

  Explanation: Since Mr. Henderson did not respond to the lawsuit within the time allowed by law, Ms. Chen's insurance company can take a default judgment. They would present evidence to the court, such as the repair invoices and proof of Mr. Henderson's negligence, to establish the amount of damages. The court would then likely issue a judgment against Mr. Henderson for the cost of the fence repair, allowing the insurance company to pursue collection of that amount.

• Example 3: Breach of Lease Agreement
  A landlord, "Green Valley Apartments," sued a former tenant, David, for breaking his lease early and owing two months' rent, totaling $3,000. David had moved out of state and, upon receiving the lawsuit papers, decided it wasn't worth the effort or expense to hire a lawyer or travel back to contest the claim.

  Explanation: As David failed to file an answer or any other response with the court by the deadline, Green Valley Apartments can take a default judgment. The apartment complex would provide the court with evidence like the lease agreement and rent ledger to prove the amount owed. The court would then enter a final judgment against David for the $3,000, which Green Valley Apartments could then use to try and collect the debt.