A judgment by default occurs when no answer is filed by the Defendant.  When you are served with a lawsuit, you must file a written response to the lawsuit by the deadline.  The deadline varies depending on what court you are being sued in.

 Answer Date

If a lawsuit has been filed against you, then you must answer the lawsuit.  The deadline is either 14 days or 21 days.  The answer must be filed with the court and signed by the defendant.  You must also send a copy of the answer to the Plaintiff.

 Failing to Answer

Failing to answer timely will result in a default judgment. If you have received a default judgment then you should try to vacate the judgment.  Whether or not you can vacate will depend on how old the judgment is.  Creditors have a bunch of power to collect if you fail to answer and there is a judgment by default.

Seek to Vacate

If the judgment is recent then vacating the judgment must be considered.  Even if the judgment is several years old, you may still be able to file a Bill of Review and seek to have the default judgment vacated.  Settlement of the judgment should also be considered.

Consider Bankruptcy

Bankruptcy is a good way to get rid of a judgment.  Most judgments can be discharged in a Bankruptcy proceeding.  For more information on Bankruptcy see our Bankruptcy page.