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 Louisiana, a default judgment is a legal mechanism by which a court grants a judgment against a defendant who fails to respond to a civil lawsuit. This occurs when the defendant does not file an answer to the complaint, thereby admitting to the plaintiff's allegations by default. A default judgment can also be entered if a defendant fails to appear for trial after having filed an answer. Once a default judgment is entered, the defendant typically has a limited time to file a motion for a new trial or to have the judgment set aside. Under the Servicemembers Civil Relief Act (SCRA), active U.S. military service members are afforded certain protections against default judgments. Additionally, Louisiana state law may offer similar protections for state National Guard members, which can include safeguards against default judgments as well as relief from certain civil obligations like evictions and foreclosures while on active duty.