A default judgment happens when you ignore a lawsuit—or fail to respond in time.
It’s like losing a game without even playing.
If you don’t show up, the court automatically rules against you. Suddenly, you could be facing:
- Wage garnishment
- Frozen bank accounts
- Asset seizure
- Credit damage
The good news? Default judgments are avoidable—if you act fast.
Here’s how to fight back and protect yourself from getting blindsided.
What Happens If You Ignore a Lawsuit?
If you fail to respond, the plaintiff automatically wins—and the consequences can be severe:
- You get no say in court.
- The court issues a default judgment against you.
- Your wages, bank accounts, or property may be seized.
- Your credit score takes a hit—and bankruptcy may follow.
Example:
A credit card company sues you for $10,000 in unpaid debt.
You ignore the summons.
The court enters a default judgment—and now:
- Your bank account is frozen.
- Your paycheck is being garnished.
- Your credit score tanks.
Ignoring a lawsuit is the worst thing you can do. But if you act fast, you can fight back.
Step 1: Don’t Panic—Read the Papers Carefully
Once you’re served with a lawsuit, don’t ignore it—but don’t panic either.
First, carefully review every document to understand your situation.
- Who is suing you?
- What is the lawsuit about? (Debt? Breach of contract? Eviction? Personal injury?)
- What court is handling the case?
- What is the deadline to respond? (Most states give 14–30 days to file an answer.)
Example:
You’re served with a lawsuit from a credit card company.
The papers state that you must respond within 21 days.
Miss that deadline, and you automatically lose.
Mark your response deadline on your calendar—this is your first priority.
Step 2: File an Answer Before the Deadline
Your first line of defense is filing an official response to the lawsuit—this is called an Answer.
Filing an Answer prevents the court from issuing a default judgment and gives you a chance to fight the case.
What to Include in Your Answer:
- Admit or deny each claim made against you.
- Raise any defenses you have—such as:
- The debt amount is incorrect.
- The statute of limitations has expired.
- You’re the wrong person (identity theft, mistaken identity).
- You were never properly served.
- File it with the court and send a copy to the plaintiff’s lawyer.
Example:
A debt collector sues you for $5,000 in medical bills from six years ago.
You check your state’s statute of limitations—the debt is too old to be collected.
You file an Answer, stating the statute of limitations defense.
The case is dismissed.
Even if you don’t have a strong defense, filing an Answer keeps you in the game.
Step 3: Challenge Improper Service (If Applicable)
If you were never properly served, you may be able to get the lawsuit dismissed.
- Were the papers served to the right person?
- Were they delivered legally according to your state’s rules?
- Did they send copies to the correct address?
Example:
A process server claims they handed the lawsuit to you, but you were out of town and never received it.
You can challenge the case, arguing improper service.
If you weren’t properly served, file a motion to dismiss the case immediately.
Step 4: Negotiate a Settlement Before Trial
Sometimes, the best defense is a deal.
- If you owe the money, consider working out a settlement before it reaches trial.
- Many creditors, landlords, and plaintiffs prefer to settle rather than go to court.
- Settling can reduce the amount owed and help you avoid a judgment on your record.
Example:
A credit card company sues you for $15,000.
You negotiate a deal to settle for $5,000—avoiding court and a default judgment.
If you negotiate, always get everything in writing before making payments.
Settling can save you thousands and protect your credit.
Step 5: Attend the Court Hearing (If Necessary)
Showing up gives you a fighting chance. Not showing up guarantees you lose.
- If your case goes to trial, be prepared.
- Bring documents, witnesses, or any proof that supports your case.
- If you need help, hire a lawyer or seek free legal aid.
Example:
A landlord sues a tenant for damages after moving out.
The tenant shows up to court with photos proving the apartment was in perfect condition.
The case is dismissed.
Simply showing up can often change the outcome.
Step 6: If a Default Judgment Has Already Been Entered—Fight to Overturn It
Missed the deadline? All hope isn’t lost.
- You can file a Motion to Vacate the Judgment—this asks the court to erase the default ruling.
- You must have a valid reason for missing the deadline, such as:
- You were never properly served.
- You were dealing with a medical emergency.
- You filed late but have a strong defense.
Example:
A tenant is evicted by default judgment because they missed court while hospitalized.
They file a Motion to Vacate, and the judge reopens the case.
Act fast—most courts have strict deadlines to challenge default judgments.
Filing a Motion to Vacate can give you a second chance to fight back.
Final Takeaway: Fight Back, Don’t Freeze Up
- A default judgment happens when you don’t respond—so respond!
- File an Answer before the deadline to stay in the fight.
- If you weren’t properly served, challenge the service.
- Try to negotiate a settlement if possible.
- If a judgment is entered, move quickly to overturn it.
Because in court, the only guaranteed way to lose is to do nothing.
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