What is a default judgment in civil law?
A default judgment in civil law is a ruling made in favor of the plaintiff when the defendant does not respond to the lawsuit. This can occur when a defendant does not file an answer to the complaint with the court or does not appear at the trial. In California, a default judgment is filed with the court when the defendant has failed to respond to the complaint within 30 days. A plaintiff must also file a request for a default, along with a proof of service to the court. The court will then enter the default judgment and the defendant will not be able to contest the plaintiff’s allegations regarding their lawsuit. The court may also issue a default judgment in cases where the defendant has been found to be in contempt of the court or has been found to be in violation of a court order. In these cases, a default judgment allows the court to enforce the terms of the court order without the defendant’s participation. It is important to note that a default judgment does not necessarily mean that the plaintiff will win their case. The court may still decide to award a judgment to the defendant upon review of the evidence, even if the defendant has not been present at the trial.
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