Also known as: no answer default judgment · no-answer default judgements · default judgment · default judgement
Written by attorneys · grounded in primary & secondary sources — see below
A judgment entered in favor of the plaintiff when the defendant has failed to file a timely answer or otherwise appear in the action. The judgment is limited to the kind and amount of relief demanded in the pleadings.
Nicholas Nunez sued Nova Pharmaceuticals for breach of contract and demanded exactly $150,000 in damages. Nova Pharmaceuticals received service but filed no answer. The clerk entered a no-answer default judgment limited to the $150,000 sum certain stated in the complaint.
Nyah Ndlovu sued Nimbus Cloud for unpaid invoices and obtained entry of default after Nimbus Cloud filed no answer. Nimbus Cloud promptly moved to set aside the default, showing good cause based on excusable neglect and a meritorious defense. The court granted the motion under the applicable rule.
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The SEC sued multiple corporate officers for securities violations. One officer received proper service but filed no answer or appearance. The court entered a no-answer default judgment against that officer while the remaining defendants litigated the merits.
Natasha Nielsen filed for divorce and served her spouse by publication after diligent efforts to locate him failed. When the spouse never appeared or answered, the court entered a no-answer default judgment dissolving the marriage and dividing property.
Nathaniel Newman signed a customer agreement containing an arbitration clause and later sued the brokerage. The brokerage failed to answer or move to compel arbitration. The court entered a no-answer default judgment against the brokerage.
Naomi Norton leased equipment under a contract designating an agent for service of process. After she failed to answer the lessor's complaint, the court entered a no-answer default judgment based on valid service through the designated agent.
A no-answer default judgment occurs when the defendant never files an answer or appearance at all. A post-answer default judgment occurs after the defendant has answered but then fails to appear at trial or defend on the merits.
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Yes. The court may set aside an entry of default for good cause and may set aside a final default judgment under Rule 60(b).
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The judgment must not differ in kind from or exceed in amount the relief demanded in the pleadings. The clerk may enter judgment for a sum certain shown by affidavit when the defendant has not appeared.
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When the claim is for a sum certain, an affidavit suffices. In other cases the court may conduct hearings to determine damages, establish the truth of allegations, or investigate other matters.
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No. A default judgment against the United States, its officers, or agencies requires the claimant to establish the claim or right to relief by evidence satisfactory to the court.
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…were considered not to be an appealable final judgment, 28 U. S. C. § 1257 (2), appellants would have the choice of suffering a default judgment or entering a general appearance and defending on the merits. This case is in the same posture as was Cox Broadcasting Corp. v. Cohn , 420 U. S. 469, 485 (1975): "The [Delaware] Supreme…