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 Michigan, 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. A default judgment can occur when a defendant does not file an answer to the lawsuit (no-answer default) or fails to appear for trial after having filed an answer (post-answer default). Defendants in Michigan have a limited time after a default judgment is entered to request a new trial or to have the judgment set aside by filing the appropriate motions with the court. It is important to note that certain individuals, such as active U.S. military service members, are protected from default judgments under the federal Servicemembers Civil Relief Act (SCRA). Additionally, Michigan state law may offer similar protections for state National Guard members, shielding them from default judgments and other legal actions while on active duty.