What is a default judgment?

A default judgment is a legal decision issued by a court when a defendant does not respond to a lawsuit or is otherwise not present for a court proceeding. This is often the result of a defendant not properly responding to a lawsuit, or ignoring the summons or complaint that was initially served to them. In most cases, the plaintiff in the lawsuit (the person bringing the lawsuit) will be granted the relief they are asking for in the lawsuit, such as money or property, if the defendant does not respond. In the state of Hawaii, a defendant has 20 days to respond to a lawsuit against them. If they do not respond, the court may enter a default judgment without hearing from the defendant. Courts generally accept the allegations in the plaintiff’s complaint as true and award them their requested relief if no response is received. Default judgments are generally not favored by courts, as they do not offer the defendant the chance to present their case or evidence in court. In the event that a default judgment is awarded, the defendant can often file a motion to set aside the default judgment, if they can prove that they had a valid excuse for not responding. It is important to note that a default judgment is different from a default judgment by confession. A default judgment by confession is when the defendant voluntarily admits to owing money or property to the plaintiff, and chooses to forgo the right to defend themselves in court.

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