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 Wisconsin, a default judgment is a legal ruling granted by a court when a defendant fails to respond to a civil lawsuit. This failure to file an answer or appear in court results in the defendant implicitly admitting to the plaintiff's allegations. The process for obtaining a default judgment involves the plaintiff filing a motion for default judgment after the defendant's time to respond has elapsed. If the court grants the motion, the defendant is said to have 'suffered a default judgment.' Defendants in Wisconsin typically have a limited time frame to seek relief from a default judgment by filing a motion for a new trial or to vacate the judgment. Under the federal Servicemembers Civil Relief Act (SCRA), active U.S. military service members are provided certain protections against default judgments. Additionally, Wisconsin state law may offer similar protections for state National Guard members, shielding them from default judgments and other legal actions while on active duty.