Default judgment and how it is undone

When a properly served defendant fails to respond within the time allowed, the plaintiff may seek a default and then a judgment on it.

Two steps. Entry of default records the failure to respond. Judgment follows, either by the clerk where the claim is for a sum certain, or by the court after a hearing where damages must be proved. A default admits the well-pleaded allegations of liability; it does not prove the amount.

Setting it aside. Courts apply a standard favouring resolution on the merits. The usual questions are whether the default was wilful, whether the defendant has a meritorious defence, and whether the plaintiff would be prejudiced by reopening. Prompt action after learning of the default matters greatly, and relief is often conditioned on paying the plaintiff’s costs.

Void versus voidable. A judgment entered without proper service or without jurisdiction is generally void and may be attacked at any time, without the usual showing. That is why service defects are the most common successful challenge.

For plaintiffs: perfect the service record before seeking default, and prove damages properly. A default judgment obtained on thin service or an unsupported figure is an invitation to reopen the case a year later.