What is a default judgment in civil litigation?

A default judgment is a ruling given in civil litigation when one party fails to respond to the other party’s claims. In other words, when one party doesn’t show up to the trial to defend themselves and give their version of the story, the court has no choice but to rule in favor of the other party. In the state of New Mexico, the court will consider a default judgment if the party who is being sued has not responded to the claims within 20 days of receiving the summons and complaint. This 20-day time frame can be extended for up to 30 days if the defendant has a valid reason for missing the 20-day deadline. When a party is found liable under a default judgment, they’re required to compensate the other party for any damages or losses incurred from the dispute. The amount owed is usually determined by the plaintiff, who must provide evidence of the expenses caused by the defendant’s negligence or bad behavior. Though a default judgment is a legally binding ruling, the defendant may still have the option to set aside the default judgment. To do so, they must provide the court with a valid excuse for their non-attendance or absence. If the court accepts the defendant’s explanation, the ruling may then be vacated or overturned.

Related FAQs

What is a default judgment in civil litigation?

Related FAQs

Related Blog Posts