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Once served, the Defendant will need to file a response called an Answer in order to prevent the Plaintiff from proceeding with a default judgment. Could retain the liquidated damages payment and obtain a judgment for the rental value of the prop erty after the agreement was cancelled.Comparative Study of Settlement and Litigation in Hawaii Courts. Discovery and presented to the court at the summary judgment stage. Judgment Granting Plaintiff's Motion for Summary Judgment and for. Default Judgment - A judgment against a defendant who made no appearance in court.