What is a default judgment?

A default judgment is a court decision that is issued when the defendant in a case does not respond to a complaint or has failed to show up in court. In North Carolina, a default judgment is entered against the defendant after the plaintiff has provided sufficient proof of their case and the court has reviewed the material. Once a default judgment has been entered, it has the same legal effect as any other court decision. That means that the plaintiff can use the judgment to force the defendant to pay the amount indicated in the judgment. This is done through court-ordered garnishment of wages or other assets. In some cases, a defendant may be able to have a default judgment overturned or set aside. This would require a showing of good cause such as fraud or mistake or if the defendant was not actually present in court when the judgment was entered. Otherwise, the defendant would have to pay the amount indicated in the default judgment. While default judgments are the last resort when a defendant fails to answer a complaint or appear in court, it is important for people to take steps to protect their rights in court. This means filing a response to the complaint and appearing in court on the scheduled date, or taking steps to have the complaint dismissed or the court date postponed.

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