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Default

A 'default' is what happens when the person being sued fails to respond to the lawsuit within the required time, allowing the other side to win automatically.

What it actually is

A default is a procedural failure to appear, answer, or otherwise defend within the time set by court rules after being properly served with a summons and complaint. It appears when the court clerk or judge enters a 'default' on the record, which can later lead to a 'default judgment' granting the opposing party what they asked for without a trial.

Why it matters in your case

If a default is entered against you, you lose the chance to present your side of the story, and the court may issue a binding judgment against you without hearing your evidence. Acting immediately upon learning of a lawsuit is critical to avoid default, as courts generally require a prompt motion to set it aside, often with a valid excuse.

The common misunderstanding

Many people think a default means they have lost the case permanently or that it proves they are at fault. In reality, a default is just a procedural step that can sometimes be undone if you act quickly and show good cause, but it is not a final determination of liability.

Get the actual rule

Definitions are orientation; rules are authority

This page explains the concept. When it matters to your case, read the rule that governs it in your court, we hold court rules for 28 states and the federal courts word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.

Related

Terms that travel with this one

General explanation, not legal advice, and not specific to any state, procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.