Entry of Default Judgment. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by rules, upon proof of damages or entitlement to other relief, a judgment may be entered against the defaulting party. The entry of an interlocutory order of default is not a condition precedent to the entry of a default judgment.
A default judgment is ordered by a court when one party to the suit "wins" by "default". He or she is not "winning" based on the merits of the case, but is "winning" (getting a judgment in his/her favor) because the other party screwed up somehow, technically. Usually this means that one party failed to appear in court, so a judgment by default is entered against him/her. Sometimes, there is a good reason for someone failing to show up in court. Missing a court date and having a default judgment taken against you does not always mean "you lose". If you can show good cause for missing the court date, the court may set aside it's previous judgement (the "default judgement") and the case will proceed. If a default judgment is entered against you for failure to appear, and if you have good reason for having missed the court date, your attorney will likely file a Motion to Set Aside Default Judgment. There will be a hearing to determine whether there is good cause to set aside the judgment. If it is set aside, the case proceeds. If it is not, you can appeal after a final judgment. You need an attorney.
There's no difference in how the judgment is entered on a credit report. An agreed judgment indicates the debtor(s) appeared in court but did not have a valid defense as to why the debt was not owed, therefore a judgment was entered against him or her. A default judgment indicates the debtor(s) did not appear in court thereby forfeiting the right to defend the suit, resulting in a default judgment being entered in favor of the plaintiff. The execution procedure of either type judgment is also the same.
A 'default judgment' is awarded to the plaintiff when the defendant does not appear in court to defend themselves against the claim. If the judgment was awarded to them in your absence, then you are required to obey the courts finding. Depending on what the claim was for, and in what amount, they may be able to seize, or place a lien against, property of yours equal in value to the claim they won.
Yes, if you are served with the summons and complaint and do not file an answer denying the allegations and fail to go to court, plaintiff will be given a chance to prove that a judgment by default should be entered against you. If the proof is adequate, the court will enter judgment against you even though you haven't gone to court.
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