Also known as: default judgments · default judgement · default judgements
Written by attorneys · grounded in primary & secondary sources — see below
A judgment entered against a defendant who has failed to plead or otherwise defend against the plaintiff's claim. The judgment is limited to the kind and amount of relief demanded in the pleadings. An entry of default may be set aside for good cause or a final default judgment may be set aside under Rule 60(b).
Riverside Builders LLC sued MetroPoint Development Corp. for an unpaid $180,000 invoice and requested only that sum plus costs. MetroPoint never appeared. When Riverside later sought consequential damages and a nationwide lien in the default judgment, the court refused. It entered judgment solely for the pleaded invoice amount and costs.
Harbor Homes sued tenant Jordan for two months of unpaid rent. Jordan failed to answer and default was entered. Jordan promptly moved to set the default aside, showing reliance on an insurer and a meritorious defense that the landlord caused the loss. The court granted the motion under the good-cause standard.
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The United States sued Marvin Brandt to quiet title to an abandoned railroad right-of-way crossing his land. Brandt failed to appear after proper service. The court entered default judgment declaring the United States held fee title to the strip.
A newspaper defendant failed to appear in a breach-of-confidentiality action brought by a former source. The court entered default judgment against the paper for the damages alleged in the complaint.
Investors obtained a default judgment against a farm corporation. Years later Congress passed a statute purporting to reopen such judgments. The court refused to reopen the default judgment, holding that finality prevented legislative alteration.
A plaintiff attached corporate stock located in the forum state and sued nonresident officers. The officers failed to appear. The court entered default judgment affecting only the attached stock.
A default judgment must not differ in kind from or exceed in amount the relief demanded in the pleadings. The court is therefore limited to the type and sum the plaintiff actually requested.
The court may set aside an entry of default for good cause. A final default judgment may be set aside only under the standards of Rule 60(b).
A default admits well-pleaded factual allegations concerning liability. It does not admit legal conclusions or automatically entitle the plaintiff to unpled categories or amounts of damages.
…were considered not to be an appealable final judgment, 28 U. S. C. § 1257 (2), appellants would have the choice of suffering a default judgment or entering a general appearance and defending on the merits. This case is in the same posture as was Cox Broadcasting Corp. v. Cohn , 420 U. S. 469, 485 (1975): "The [Delaware] Supreme…