Entry of Default Law & Legal Definition

In law, “default” refers to the failure of a party to do something that the law required him to do. A default occurs when a person who is required to be present before the court of law for some proceedings before it, fails to appear in court.

Entry of default refers to the process where the person making a claim in a case makes a request before a court of law stating that the party against whom they have made a claim have failed to furnish any meaningful response to the claimant’s pleadings within the time allowed for that. The court may immediately enter a judgment on the claim or may direct the claimant to file a notice of intent to take the default judgment and serve it on the unresponsive party. If the other party does not oppose the notice of intent or does not provide adequate justification for his delay or lack of response in the matter before the court, the court grants a default judgment favoring the claimant/ plaintiff. Entry of Default in the US District Courts is governed by Rule 55 of the Federal Rules of Civil Procedure.