Default judgment

What default judgment means

In short, default judgment is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.

Where default judgment comes up

For example, the term appears in these procedures:

• Entry of Default and Default Judgment (Fed. R. Civ. P. 55(a)–(b)): the two-step procedure that applies when a party against whom relief is sought has failed to plead or otherwise defend.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses default judgment in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the official rule text online for free.

Related legal terms

• Default: a party's failure to plead or otherwise defend within the time allowed, which the clerk records as an entry of default.
• Clerk of court: the court officer who maintains records, accepts filings and performs duties assigned by the rules, such as entering defaults.
• Deed of trust: a security instrument used in many states in which the borrower conveys an interest in real property to a trustee to secure a loan, usually with a power of sale.
• Defendant: the person or entity a lawsuit is brought against.
• Deficiency judgment: a judgment for the amount still owed after a foreclosure sale brings less than the debt, where state law allows one.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.