Answer: If a defendant in Connecticut does not respond to a law suit after being served, the plaintiff will be able to receive a default judgment.
Dear Justice, my dad was served with a lawsuit, but he doesn’t want to fight it because he doesn’t want to spend a lot of money on an attorney. Is it better to not fight the case or to at least try?
Dear Justice Seeker,
It is a big mistake to not respond to a lawsuit, yet many people do not respond. If a defendant in Connecticut does not respond to a law suit after being served, the plaintiff will be able to receive a default judgment. So what exactly is a default judgment and why is it bad for the defendant?
A default judgment is an order a judge or clerk makes when a defendant has not shown up to court. In Connecticut, there are two main steps to obtaining a default judgment. First, the plaintiff files a motion for default and second, the court makes an entry of default.
If the defendant has not made any appearance in the case within two days after the return date, the plaintiff can make a motion that a default should be entered against the defendant for failure to appear. Although many plaintiffs wait longer than two days.
“[I]f no appearance has been entered for any party to any action on or before the second day following the return day, any other party to the action may make a motion that a nonsuit or default be entered for failure to appear.” Connecticut Practice Book § 17-20 (a).
When the plaintiff makes a motion for default, it means that the defendant has admitted to the facts alleged in the complaint, and as a result, should be liable for what the plaintiff claims the defendant did.
If the defendant has still not responded to the suit, the clerk or the judge may make an entry of default as soon as seven days after the motion was filed, depending on the type of case the plaintiff has brought.
“[M]otions for default for failure to appear shall be acted on by the clerk not less than seven days from the filing of the motion and shall not be printed on the short calendar. The motion shall be granted by the clerk if the party who is the subject of the motion has not filed an appearance.” Connecticut Practice Book § 17–20 (d).
“Not less than seven days from receipt of the motion and affidavits, the clerk shall bring the motion and affidavits to the attention of the judicial authority. If the judicial authority orders judgment entered, the clerk shall complete the proposed judgment and notice to all parties in accordance with the terms of the judgment.” Connecticut Practice Book § 17–27.
This means that the court acknowledged that the defendant did not show up and has made a final ruling in favor of the plaintiff.
In other words, if the defendant really had something to say, he would have shown up to say it. Because the defendant didn’t show up, the plaintiff must be telling the truth, so the court sides with the plaintiff almost automatically. A default judgment is bad for the defendant because not responding to a lawsuit is essentially giving the plaintiff an automatic win.
A defendant should respond to a lawsuit and on time. Just by filing an Appearance, the plaintiff can no longer obtain a default judgment from the clerk or court at the beginning of the law suit.
“If the defaulted party files an appearance in the action prior to the entry of judgment after default, the default shall automatically be set aside by operation of law.” Connecticut Practice Book § 17–20 (d).
Anyone can file an appearance just by visiting the courthouse, even if the defendant does not have a lawyer. Although it is always a good idea to consult with one.
Word of Caution — This post is for educational purposes. It explains what could happen if someone does not respond to a lawsuit. This post does not seek to advise what necessarily will happen to the anonymous Justice Seeker. The law and its processes may be very complex and have significant consequences. It is best to always seek advice and help from a licensed lawyer.
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