A default judgment is a process that results in a judgment (court order) against a defendant who fails to answer or respond to a civil lawsuit. By failing to file an answer with the court (defaulting), such a defendant admits all of the allegations made by the plaintiff against the defendant.
A default judgment is usually granted when a defendant fails to answer a lawsuit (a no-answer default) but may also be granted by the court when a defendant who has answered a lawsuit fails to appear for trial (a post-answer default).
A defendant who has a default judgment entered against it said to “have suffered a default judgment” and usually has a short period of time in which to file a motion for new trial and seek to have the default judgment overturned.
There are some defendants who may be exempt from a default judgment, such as active United States military service members, under the federal statute known as the Servicemembers Civil Relief Act (SCRA), located beginning at 50 U.S.C. §3901. Most states have statutes (laws) that provide similar protections for state National Guard members. These laws often also protect active service members against evictions, foreclosure proceedings, life insurance payments, and other obligations that may be suspended during a service member’s active duty.
In Alaska, a default judgment is a legal determination made by a court when a defendant fails to respond to a civil lawsuit. This failure to respond, or default, results in the court accepting the plaintiff's allegations as true and potentially granting the plaintiff the relief sought. The process for obtaining a default judgment in Alaska is governed by the Alaska Rules of Civil Procedure. Specifically, Rule 55 outlines the steps for entering a default and a default judgment. After a default judgment is entered, the defendant typically has a limited time frame to seek relief from the judgment by filing a motion for a new trial or other appropriate motions under Alaska Rule of Civil Procedure 60(b). Active U.S. military service members are afforded special protections against default judgments under the federal Servicemembers Civil Relief Act (SCRA), which can postpone or suspend certain civil obligations during the service member's active duty. Alaska state law also provides similar protections for state National Guard members, ensuring they are not unfairly disadvantaged while serving.