What is a default judgment and when can it be used in international litigation?
In North Carolina, a default judgment is a court-ordered decision that is issued when one side in a lawsuit does not appear in court or answer the original complaint brought against them. This is used in international litigation when a plaintiff (the party bringing the suit) is unable to serve notice of the suit to the defendant (the person being sued) in time for the defendant to appear in court. In this case, the plaintiff is entitled to have a default judgment entered against the defendant. A default judgment can be used when the allegations in the complaint are considered valid. The judge or court will generally enter a default judgment awarding the plaintiff the relief requested in the complaint. This can include monetary damages or other remedies the plaintiff is seeking. However, if the defendant appears in court later, they may be able to have the default judgment set aside and the case will then proceed as normal. In order for the default judgment to be valid, the court must be satisfied that the plaintiff has made reasonable efforts to serve the defendant with notice of the lawsuit. In international litigation, this can be more difficult due to the differences in legal systems, language, and jurisdiction. Therefore, the plaintiff must make sure to use all available means to deliver the notice of the lawsuit to the defendant.
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