What is a default judgment?

A default judgment is a court ruling in favor of one party when the other party has failed to respond to a legal summons or lawsuit. In Delaware, this happens when a defendant fails to appear in court when ordered, or fails to respond to a lawsuit in a timely manner. In a civil lawsuit, the defendant is usually served a notice of lawsuit, either in person or through a third party such as a sheriff or constable. The defendant has a certain amount of time to respond to the claim, typically 20 days in Delaware. If the defendant misses the deadline, they may be found in default. This means the court can decide the case in favor of the plaintiff without ever hearing from the defendant. When a defendant is in default, they are still able to appeal the court’s decision. However, it is more difficult to appeal a default than a ruling where the defendant had an opportunity to present their case in court. In addition, a defendant found in default may be ordered to pay additional damages or fines. For example, the plaintiff may be awarded attorney fees by the court if it believes the defendant acted in a frivolous manner. Default judgments are not always favored by the court system. They are meant to be a last resort when a defendant fails to do what they are legally required to do, and they do not allow for a full and fair review of the situation.

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