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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.The trial court judge has authority to enter default judgment in all cases in which such judgment is authorized. NC Superior Court Judges' Benchbook. School of Government, The University of North Carolina at Chapel Hill, Jessica Smith (Ed.). This usually must be filed within one (1) year from the date the default judgment was entered. 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. If the judge decides that your Motion should have been granted he or she will cancel the judgment and you will get a new trial. If the judge denies summary judgment, the entire case can go to trial.