Written & reviewed by NotALawyer Review AI · Updated June 26, 2026
A default judgment is a ruling the court enters against you because you didn't respond to a lawsuit in time — not because a judge weighed both sides. Once it's on the books, the person who sued can often move to garnish wages or levy a bank account. The good news: courts can sometimes "set aside" a default for a good reason, but the window to ask is usually short, so speed matters.
When you're served with a summons and don't file a response by the deadline, the other side can ask the court to rule in their favor automatically. The judge never hears your version because nothing was filed. Under the federal rules and most state rules, this two-step process — entry of default, then default judgment — is built right in.
Once entered, it's an enforceable money judgment. Depending on your state, the winner may be able to garnish a portion of your paycheck, freeze or levy a bank account, or put a lien on property. That's why ignoring a lawsuit rarely makes it go away — it usually makes things worse.
Courts have the power to undo a default for reasons like improper service, excusable neglect, fraud, or a genuinely meritorious defense you never got to raise. Federal Rule 60 and its state equivalents lay out these grounds. You typically file a motion explaining what happened and why you missed the deadline.
Set-aside rules often have tight time limits — sometimes measured in days or months, and the clock varies by court. Say someone was traveling and found a default judgment waiting when they got home: their best move is usually to act immediately rather than wait, because delay weakens an excusable-neglect argument.
Judges commonly weigh whether you have a real reason for missing the deadline, whether you acted promptly once you learned about the judgment, and whether you have an actual defense to the claim. None of this is automatic — it's a request, and the other side can oppose it.
NotALawyer.com provides general legal information, not legal advice.