What is a default judgment?
Default judgment is a court ruling in a civil lawsuit when a defendant does not respond or appear in court. In West Virginia, default judgments are typically used in Collection Defense Law cases. When a party does not appear in court due to a failure to appear, or does not answer a complaint, or does not comply with a court order, the plaintiff can take advantage of this. The plaintiff can then ask the court to enter a default judgment. Typically, the court will grant the plaintiff’s request because of the defendant’s failure to appear in court or otherwise answer. When a default judgment is granted, the court will usually award the plaintiff any damages or other relief sought. This includes payment, restitution, an admission, or any other type of relief that the plaintiff might be entitled to. In Collection Defense Law cases, a default judgment can be important because the defendant must provide the plaintiff with evidence in order to challenge the judgment. If the plaintiff can prove their case by the evidence, then the default judgment will be difficult for the defendant to overturn. Therefore, it is important for defendants in Collection Law cases to respond to complaints or appear in court to ensure they are not the victim of a default judgment.
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