All terms

Default judgment

Default judgment — A default judgment is the judgment entered against a defendant who has failed to plead or otherwise defend, after the clerk has first entered that party's default.

Federal Rule of Civil Procedure 55(a) requires the clerk to enter default when the failure to defend "is shown by affidavit or otherwise." Rule 55(b)(1) lets the clerk enter judgment where the claim is "for a sum certain or a sum that can be made certain by computation," on the plaintiff's request with an affidavit showing the amount due; all other cases go to the court under Rule 55(b)(2), and a defendant who has appeared must receive at least 7 days' written notice of the application. Rule 55(c) permits setting aside an entry of default for good cause and a final default judgment under Rule 60(b). State practice differs materially, but the two-step structure and the sum-certain limitation are near-universal, and the sum-certain affidavit is exactly where affidavit-of-debt exposure concentrates.

See also

• Affidavit of debtAn affidavit of debt is a sworn statement — often the only evidence supporting a default or summary judgment — attesting to the existence, ownership, and amount of a consumer debt based on the affiant's review of business records.
• Service of processService of process is the formal delivery of the summons and complaint that gives a court personal jurisdiction over the defendant and starts the defendant's response clock.
• Post-judgment interestPost-judgment interest is the interest that accrues on a money judgment from the date of entry until the judgment is satisfied, at a rate set by the law of the forum that entered it.

This is an informational reference, not legal advice, and using it creates no attorney-client relationship. Limitations periods turn on facts this page cannot know — which state's law governs, the contract type, when the claim accrued, and whether anything tolled or revived it. Confirm against the primary source and your own counsel before acting.