Default Judgments

If the Defendant does not answer the complaint within 45 days from the date of service and the damages (i.e. note or account) are liquidated, a judgment may be rendered without having the parties appear in Court. If a Court hearing was scheduled and the Defendant fails to appear, the Plaintiff may automatically receive a judgment. In both cases, this is called a judgment by default. If the Plaintiff receives a judgment by default it is usually for the full amount of the suit plus the Court costs paid to initiate the action. If the claim is for un-liquidated damages (i.e. auto-accident), the Plaintiff will have to prove the amount of damages in Court to receive a default judgment.