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Common Questions About Default and Default Judgments

This is a list of common questions about default and default judgments. 

Questions about Default and Default Judgments

What is default?

Default is a finding by the court that you did not do something you were supposed to do. The court can find you in default if you didn’t do one of the following things: 

  • Answer a complaint by the deadline
  • Follow a court order
  • Attend a hearing
  • Make a court-ordered payment

You must have the default set aside before you can do anything else in the case. Read the article Setting Aside a Default or Default Judgment in Collection Cases to learn more.

If you are in default, the other side can request a judgment. Once the court has entered a judgment, your creditor can collect the judgment by garnishing you. This lets the creditor take the money directly from your bank account or paycheck. Your creditor might also legally seize your property.

What is a default judgment?

A default judgment is an order from the court that says you owe your creditor the full amount of the claim. It can only be ordered after you have been found in default. Your creditor must ask the court to issue the judgment against you.

Once the court has entered a judgment, your creditor can collect the judgment by garnishing you. This lets the creditor take the money directly from your bank account or paycheck. Your creditor might also legally seize your property.

Read the article Setting Aside a Default or Default Judgment in Collection Cases to learn more.

Why was a default entered against me?

A creditor can ask the judge to find you in default if you don’t respond within the time limit to any of the following:

  • The creditor's complaint
  • The creditor's counterclaim
  • The creditor's cross-claim
  • The creditor's third-party complaint

A creditor can also ask the judge to find you in default if you don’t do something the court orders you to do, for example:

  • Come to a hearing
  • Answer a discovery request
  • Make court ordered payments

Read the article Setting Aside a Default or Default Judgment in Collection Cases to learn more.

What can I do if there's a default or default judgment entered against me?

You can ask the court to set aside your default or default judgment by filing a Motion and Affidavit to Set Aside a Default. Use the Do-It-Yourself Motion to Set Aside Default (Consumer Debt) tool to prepare your motion.

To get a default set aside, you must have good cause for not answering or going to court. Good cause is a reason you didn't respond to the suit or do what you were supposed to do. You will also have to explain your defense to your creditor’s complaint and show why a judgment shouldn’t be entered against you.

If you agree that you owe the debt, you can let the default judgment stand and arrange to pay it.

To learn more, read the article Setting Aside a Default or Default Judgment in Collection Cases.

 

What is “good cause” for setting aside a default or default judgment?

“Good cause” is a reason for not responding to a complaint or attending for a hearing. You must explain the reason in your Motion & Affidavit to Set Aside a Default. A judge will decide if your reason for not answering or attending is good enough to set the default aside.

You might have good cause if you:

  • Didn’t get a copy of the complaint
  • Weren’t notified about a hearing
  • Got the complaint and have a good reason for not answering it
  • Were notified of the hearing and have a good reason for not going to it

When you file a Motion & Affidavit to Set Aside a Default, the judge may want to see proof of your cause.

Read the article Setting Aside a Default or Default Judgment in Collection Cases to learn more.

How much does it cost to file my motion to set aside a default or default judgment?

There is a $20 dollar fee to file your Motion & Affidavit to Set Aside Default. If you qualify, you can ask the court to waive your fees by filing a Fee Waiver Request. You can use the Do-It-Yourself Fee Waiver tool to complete the form.

I filed a Motion and Affidavit to Set Aside Default. What happens next?

When you file your Motion and Affidavit to Set Aside Default, you will get a hearing date and time from the court clerk.

At the hearing, the judge will grant or deny the motion.

If the judge grants your motion, the default or default judgment will be set aside, and the case will move forward. You will need to attend all hearings and respond to any documents you get from the court or the other side.

If your motion is denied, the default judgment stands and you must pay the judgment.