A default judgment is what a court enters against a defendant who was properly sued but never responded or showed up. Because the defendant said nothing, the court treats the facts in the complaint as admitted and issues a binding money judgment the plaintiff can enforce. So when people ask how a default judgment works, the short answer is that it turns silence into a legal loss: the plaintiff wins not because their case was strong, but because the defendant forfeited the chance to argue. The mechanics, the limits, and the narrow paths to undo one are worth understanding before you find yourself on either side of one.
What Triggers a Default
Every default starts with a missed deadline. A lawsuit begins when the plaintiff files a complaint and the court issues a summons. Both documents have to reach the defendant through formal service of process, usually handled by a professional process server.
The summons tells the defendant exactly how long they have to file a written response, called an answer. In federal court, that deadline is 21 days after service.1Legal Information Institute. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections: When and How Presented State deadlines commonly run 20 to 30 days. If the defendant voluntarily waives formal service, the federal window stretches to 60 days.
The answer is where the defendant denies the claims, raises defenses, or files counterclaims. If nothing is filed and the deadline lapses, that silence is a “default,” and the plaintiff can now ask the court to rule without hearing from the other side.
The Two-Step Process
A default judgment does not happen the moment the deadline passes. The plaintiff has to take two separate steps, and they are not the same thing.
Entry of Default
First, the plaintiff asks the court clerk to formally note on the docket that the defendant failed to respond. Under Federal Rule of Civil Procedure 55(a), the clerk enters the default once the plaintiff shows, typically by affidavit, that service was proper and no answer was filed.2Legal Information Institute. Federal Rules of Civil Procedure Rule 55 – Default; Default Judgment Once that entry is on the record, the defendant cannot simply file a late answer as if nothing happened.
Motion for Default Judgment
Second, the plaintiff asks for the actual judgment. If the amount owed is fixed and easy to calculate, like an unpaid invoice, the clerk can enter the judgment on an affidavit alone. If the damages are less concrete, such as pain and suffering or lost business, a judge decides. The judge may rule on the paperwork, hold an evidentiary hearing, or order additional proceedings.
At a hearing, the plaintiff still has to prove the damages figure with documents, testimony, or expert reports. The factual allegations in the complaint are treated as admitted, but the dollar amount is not. Judges do not simply rubber-stamp the number in the complaint.
There is one procedural safeguard worth flagging: if the defendant made any appearance in the case, even an informal one, the plaintiff must give at least seven days’ written notice before the default judgment hearing.2Legal Information Institute. Federal Rules of Civil Procedure Rule 55 – Default; Default Judgment
The Ceiling on What the Plaintiff Can Get
A default judgment cannot exceed what the complaint originally asked for. Federal Rule 54(c) states that a default judgment “must not differ in kind from, or exceed in amount, what is demanded in the pleadings.”3Legal Information Institute. Federal Rules of Civil Procedure Rule 54 – Judgment; Costs The reasoning is fairness: the defendant weighed whether to fight based on what the complaint said was at stake, so the plaintiff cannot raise the number after the defendant is out of the case.
If the plaintiff sued for $10,000, the default judgment cannot come back at $15,000. If a category of damages was left out of the complaint, it generally cannot be added on default.
How the Judgment Gets Collected
Once the judge signs the judgment, the plaintiff becomes a judgment creditor and the defendant becomes a judgment debtor. The creditor now has real tools:
- Wage garnishment, where a court order requires the debtor’s employer to withhold part of each paycheck.
- Bank account levy, where the creditor obtains an order to seize funds directly from the debtor’s accounts.
- Property liens, which attach a legal claim to the debtor’s real estate. The lien has to be cleared before the property can be sold or refinanced, so the judgment effectively follows the property.
These remedies do not run on their own. Each requires the creditor to go back to court, and each takes time.
What a Creditor Cannot Touch
Federal law caps garnishment for ordinary debts, including judgments from lawsuits, at the lesser of 25 percent of your disposable weekly earnings or the amount by which those earnings exceed 30 times the federal minimum wage. With the minimum wage at $7.25 per hour, that protected floor is $217.50 per week.4Office of the Law Revision Counsel. United States Code Title 15 Section 1673 – Restriction on Garnishment If you earn $217.50 or less in disposable weekly income, a judgment creditor cannot garnish any of it. Many states set tighter limits.
Some income is completely off-limits. Social Security benefits are protected by federal law from execution, levy, attachment, and garnishment, with narrow carve-outs for federal tax debts and court-ordered child support or alimony.5Office of the Law Revision Counsel. United States Code Title 42 Section 407 – Assignment of Benefits Veterans’ benefits have similar protections. Most states also shield some home equity through a homestead exemption, along with certain personal property and retirement accounts, though the dollar amounts vary widely.
Extra Protection for Active-Duty Military
The Servicemembers Civil Relief Act adds hurdles before a default judgment can be entered against a service member. Before the court will enter one, the plaintiff has to file an affidavit stating whether the defendant is in military service or that the plaintiff could not determine military status.6Office of the Law Revision Counsel. United States Code Title 50 Section 3931 – Protection of Servicemembers Against Default Judgments
If the defendant is in the military, the court must appoint an attorney to represent them before entering a default judgment. If that attorney cannot locate the service member, the case is postponed for at least 90 days, and nothing the appointed attorney does can waive the service member’s defenses.6Office of the Law Revision Counsel. United States Code Title 50 Section 3931 – Protection of Servicemembers Against Default Judgments If military status is unclear, the court can require the plaintiff to post a bond to cover losses if the judgment later gets overturned.
Interest and Costs After the Judgment
The judgment amount is rarely the final number owed. In federal court, interest accrues from the date the judgment is entered and compounds annually.7Office of the Law Revision Counsel. United States Code Title 28 Section 1961 – Interest State judgment interest rates commonly run between 2 and 10 percent annually.
The prevailing party in federal court can also recover court costs like filing and service fees. Attorney’s fees require a separate motion filed within 14 days of the judgment and only succeed if a statute, contract, or court rule authorizes fee-shifting.3Legal Information Institute. Federal Rules of Civil Procedure Rule 54 – Judgment; Costs An unpaid default judgment can grow substantially over the years.
Fighting a Default Judgment
A defendant hit with a default is not automatically stuck. There are two different escape routes depending on what stage the case is at, and they carry different standards.
Before Judgment: Setting Aside the Entry of Default
If the clerk has entered the default but the judge has not yet signed a judgment, the defendant can move to set aside the entry by showing “good cause.”2Legal Information Institute. Federal Rules of Civil Procedure Rule 55 – Default; Default Judgment That is a forgiving standard. Courts look at whether the defendant acted quickly, whether they have a plausible defense, and whether setting aside the default would prejudice the plaintiff. This is the easier path if you catch it early.
After Judgment: Motion to Vacate
Once the judgment is entered, the bar is higher. Rule 60(b) requires one of several specific grounds:
- Excusable neglect, meaning a legitimate reason for missing the deadline like serious illness, a natural disaster, or a genuine misunderstanding.
- Improper service. This is the strongest ground, because a judgment entered without proper service may be void and can sometimes be attacked beyond the usual time limits.
- Newly discovered evidence that could not have been found earlier with reasonable effort.
- Fraud or misconduct by the plaintiff in obtaining the judgment.
The motion must be filed within a “reasonable time.” For excusable neglect, newly discovered evidence, and fraud, the outer limit is one year after the judgment. A motion arguing the judgment is void has no fixed deadline but still has to be brought within a reasonable time. In every case, the defendant also has to show a legitimate defense to the underlying claims. Courts will not vacate a default just to let the defendant lose a full trial.
Courts generally prefer cases decided on the merits, but that preference has limits. The defendant who waits or cannot point to a real defense faces long odds. Moving quickly and getting a lawyer as soon as you learn about a default is the single most important step.