Also known as: default judgment · judgments by default · default judgments · default judgement
Written by attorneys · grounded in primary & secondary sources — see below
A final court determination of the rights and obligations of the parties that is entered when a defendant fails to appear or respond to the complaint. The judgment is limited to the kind and amount of relief demanded in the pleadings.
Jasmine Jordan sued Jacobs Shipping for $75,000 in unpaid freight charges. Jacobs Shipping received service but filed no answer. The clerk entered a default judgment for exactly $75,000 plus costs. The court refused to add a request for punitive damages that Jordan had omitted from the complaint.
Javier Jimenez obtained a default judgment against Jennings Forge after the company missed the answer deadline. Jennings Forge promptly moved to vacate, showing that its registered agent had misplaced the summons during a warehouse relocation. The court set the judgment aside for good cause and allowed the company to file its answer.
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James Johnson refused a court-ordered mental examination in a personal-injury suit brought by Jada Jones. The judge struck Johnson's answer and entered judgment by default on liability. Jones then proceeded to a hearing on damages only.
Jason Jung sued Jung BioTech in federal court despite an arbitration clause. When Jung BioTech failed to appear, the court entered a default judgment. The company later moved to vacate, arguing the clause required arbitration of the dispute.
Joy Jiang sued National Equipment Rental for breach of a lease. The process server delivered papers to the receptionist at the address listed for the registered agent. When no answer was filed, Jiang obtained a default judgment that the company later challenged on service grounds.
Jenkins Apparel obtained a default judgment against a foreign defendant in a contract action. The defendant later appeared solely to contest personal jurisdiction, arguing that the judgment was void because minimum contacts were lacking.
The judgment cannot differ in kind from or exceed the amount demanded in the pleadings. The court may award only the relief that was specifically requested in the complaint.
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A court may set aside an entry of default for good cause. A final default judgment may be set aside under the standards of Rule 60(b).
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A default judgment may be entered against the United States or its agencies only if the claimant establishes the claim or right to relief by evidence that satisfies the court.
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If the party against whom default judgment is sought has appeared, that party or its representative must receive written notice of the application at least seven days before the hearing.
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…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…