Indiana Judgment by Default — Judge is a legal judgment issued by a court in Indiana when a defendant has failed to respond to a complaint. If a defendant fails to appear in court or respond to a complaint, the court may enter a Judgment by Default. There are two types of Indiana Judgment by Default — Judge: Default Judgment and Default Judgment on the Merits. A Default Judgment is granted when a defendant fails to respond to a complaint, but a Default Judgment on the Merits is granted when a defendant fails to respond to a complaint and the court finds the plaintiff's claims to be true. In both cases, a judge will issue a ruling in favor of the plaintiff and enter a judgment against the defendant. The judgment may include damages, interest, costs, and attorney fees.
Indiana Judgment by Default - Judge
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FAQ
The default hearing is a hearing with the Judge where the petitioning party asks the Court to find the responsive party in default and to grant the relief requested in the petition without giving them any more time to respond.
A default judgment can have serious consequences for the debtor. Because the defendants will often fail to present their side of the case, they may be ordered to pay damages, fines, or other penalties. The plaintiff now has multiple avenues open to begin collections on their judgment.
Rule 55 - Default (A) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise comply with these rules and that fact is made to appear by affidavit or otherwise, the party may be defaulted by the court.
A default judgment can be entered by a clerk or by a judge. In simple civil cases and where the defendant is neither a minor nor an incompetent person, the clerk, with an affidavit showing the amount due, can enter the judgment for that amount.
Primary tabs. A default judgment (also known as judgment by default) is a ruling granted by a judge or court in favor of a plaintiff in the event that the defendant in a legal case fails to respond to a court summons or does not appear in court.
If a defendant has failed to timely file an answer, to appear when summoned, or otherwise fail to plead, the plaintiff may file a request for a default judgment in their favor.
The Rules define ?default? as when ?a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend,? and define ?judgment? as ?a decree and any order from which an appeal lies.? Read together, a default judgment is simply any judgment that results from a default.
Once entered, the default judgment permits a plaintiff to act quickly and enforce the terms of the judgment. A plaintiff may request an abstract of judgment. An abstract of judgment permits the plaintiff to acquire judgment liens on your real and personal property.