Default Judgment

n. Plaintiff (the suer) has the right to receive a default judgment after requesting a default to be entered into the court record by the clerk because the defendant in a lawsuit failed to respond to a complaint in the predetermined time (typically 20 or 30 days). If the amount due is easily calculated because the complaint was for a specific amount of money owed on another, other money due, or a specific contract price, the court clerk can enter a default judgment. A hearing will take place to determine the terms of the default judgment if proof of damages or other relief is necessary. The defendant must show a legitimate excuse and good defense to the lawsuit in order to have the default set aside.

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