A default judgment is a court decision made because one side failed to respond or appear. It can lead to garnishment and liens, but it is sometimes possible to undo it.
How it happens
If a defendant does not answer a lawsuit by the deadline, the plaintiff can ask the court to enter a default judgment. A defendant who fails to appear at a hearing can also lose by default.
Consequences
- The plaintiff can use collection tools such as wage garnishment and bank levies.
- A judgment can appear on credit reports in some cases.
- Interest may be added.
- A lien can be placed on property.
Setting it aside
- Act as soon as you learn of the judgment, since deadlines are strict.
- File a motion to set aside or vacate the default, using the court's form if available.
- Explain a valid reason, such as improper service, illness, excusable neglect or a lack of notice.
- Show you have a valid defense to the claim.
- Attend the hearing with supporting documents.
Get help
A lawyer or legal aid office can help prepare the motion. If your wages are being garnished, ask the court for a stay while the motion is pending.
Frequently asked questions
Can I get a default judgment if the other side never responds?
Yes, if you prove proper service and the court's requirements are met.
Does a default mean I am automatically wrong?
No, but the court enters judgment without hearing your side.