What is a default judgment?

A default judgment is a court order that is issued when a party in a legal case fails to respond to a lawsuit or other legal papers. This could mean the defendant does not respond to the summons and complaint, or fails to appear in court. In West Virginia, when a party does not respond to a summons and complaint or fail to appear in court, the court may enter a default judgment. This judgment is against the defendant and it may include an amount of damages, a list of certain actions that must be taken, or a combination of both. A default judgment generally means the defendant has lost the case because they have not responded or appeared in court and have been found “in default”. The plaintiff can then ask the court to enter the default judgment if the defendant does not respond by the deadline specified in the summons and complaint. The court may also require the plaintiff to prove the damages it claims in the lawsuit before a default judgment is entered. In West Virginia, if a default judgment is entered, the defendant has the right to ask the court to set aside or vacate the default judgment within a certain period of time. This request must be made in writing and must include the reasons why the defendant believes the judgment should be set aside. The court then reviews the request and decides whether or not to set aside the default judgment.

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