What is a motion for default judgment?

A motion for default judgment is a legal procedure used in Virginia civil courts that enables a plaintiff (the person who brings a lawsuit) to win a case without a full trial if the defendant (the person being sued) fails to respond to a court summons or answer the complaint. In other words, if the defendant does not take action in the case, the plaintiff can ask the court to enter a default judgment. When filing a motion for default judgment, the plaintiff must provide evidence that the defendant was properly served with a summons and complaint and that the defendant has not answered the complaint. The plaintiff must also provide evidence that supports their claims in the complaint and validate any claims for damages. By entering a default judgment, the court is agreeing that the plaintiff’s claims are valid and the defendant is liable (responsible) for the damages claimed by the plaintiff. The court may also order the defendant to pay attorney’s fees or court costs along with the damages claimed by the plaintiff. In summary, a motion for default judgment is a legal procedure that enables a plaintiff to be awarded damages in a civil case without the need for a full trial, if the defendant fails to respond to a court summons or answer the complaint.

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