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A default default A default is a failure to fulfill an obligation. Defaulting is most common in regards to debtor-creditor law and contract law.A clerk may enter a default judgment in a written obligation (e.g. , contract or promissory note) action only if the amount due is set forth. Pursuant to Federal Rule of Civil. You will need information from your case to complete your motion. Be prepared to pay for the copies from the clerk's office. (a) Entering a Default. If personal service is made, this default judgment becomes a final judgment after 21 days unless a motion to set aside is filed. You want to get a Default Judgment against the Defendant.