What is a default judgment in civil law?

A default judgment in civil law is a decision made by a court when the defendant in the case fails to respond to a lawsuit that has been filed against them. This decision is made in favor of the plaintiff, as the court puts the burden of proof on the defendant and if the defendant does not respond, the court takes this as an admission of guilt, meaning that the plaintiff will win the case. In South Carolina, the default judgment process includes filing a complaint and summons, which is then served to the defendant. If the defendant does not respond within 30 days of being served, the plaintiff can then request a default judgment, which is granted by the court. In some cases, the court may require a foreclosure hearing to ensure that the default judgment is just. Once the default judgment is granted, judgment is entered into the court record and any debts, damages, or penalties awarded to the plaintiff are enforceable as the law. The defendant can still fight the default judgment through a motion to vacate, which is a request to the court to dismiss the judgment. Overall, default judgments in civil law are important whenever a defendant does not respond to a lawsuit, allowing the plaintiff to still recover what they are due.

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