Default judgments: when you miss the deadline to answer

A default judgment is a judgment entered against a party who did not respond to a lawsuit. It is how many debt cases end: the person sued never answers, and the court grants what the other side asked for.

The deadline to answer

The summons says how long you have to respond. In federal court it is generally 21 days after you are served with the summons and complaint (Federal Rule of Civil Procedure 12), longer if you agreed to waive formal service. State courts set their own deadlines, often between 14 and 30 days, and some small claims courts simply set a court date you must attend. The date on your papers is the one that counts.

How a default happens

If the deadline passes with no answer, the plaintiff asks the court to note the default, and then to enter judgment. In federal court the clerk can enter judgment for a sum certain; otherwise a judge decides it (Rule 55). After that the plaintiff can use the court's collection tools: garnishment, bank levies, liens.

Respond, even if you owe it

The CFPB's advice is to respond by the date in the court papers, yourself or through a lawyer. Answering makes the other side prove its case. If you owe the debt you may still be able to settle it, and you keep the chance to raise defenses, such as a debt past the statute of limitations.

Setting a default aside

A court can set aside a default, or a default judgment, for good cause: you were never properly served, you missed the deadline for a reason the court accepts, or the judgment is void. Federal Rule 55(c) points to Rule 60 for judgments, and states have their own versions. The time limits are real, often measured in months, so act as soon as you learn of it. Ask the clerk for the case file first (how to look up a case), then a legal aid office.