A person who is lawfully sued but fails to answer the plaintiff’s civil complaint
A judgment is obtained by a plaintiff who files a civil complaint against the defendant for damages, but the defendant fails to file an answer or responsive pleading as required by law which puts the defendant in default. The plaintiff must then file and serve a Notice of Default against the defendant.
The court will then calendar a prove-up hearing in which the plaintiff presents his client’s damages to the court. Should the defendant not appear, and no opposition is filed, the judge will likely grant the plaintiff a default judgment in the amount the plaintiff has proved up at the default hearing.
Upon giving proper notice of the default judgment, Plaintiff can now enforce the judgment against the defendant’s assets.
