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Default at Legal Glossary What is it? A failure to perform a legal duty.

 


Default judgment - A judgment entered against a party who fails to appear in court or respond to the charges.
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Default judgement: A judgement rendered because of the defendant's failure to answer or appear.
Defendant: In a criminal case, the person accused of the crime.

Default judgment is a binding judgment in favor of the plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law. It can be compared to a forfeit victory in sports.

Default Judgment
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Default: A failure to respond to a lawsuit within the specified time.
Default Judgment: A judgment entered against a party who fails to appear in court or respond to the charges.

Default Judgment: An order or judgment made based on only the plaintiff's (petitioner's) complaint, due to no response or presence of the defendant (respondent).

Default Judgment: A judgment issued when the defendant offers no defense by not responding to the complaint. A judge may issue a judgment without the necessity of a trial.
Defendant: The person against whom a claim is brought.

Default: A failure of a party to respond in a timely manner to a pleading; a failure to appear for trial.
Defendant: In a civil case, such as an car accident lawsuit, the defendant is the person against whom a civil action is brought.

DEFAULT - A failure to comply with a term of an agreement. For example, a default by a tenant under a lease agreement permits a landlord to take certain actions in response to the default.

Judgment in Default
Where a defendant in a civil case has not filed a defence or has not complied with court procedures, the claimant can make an application for judgment in default.
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default - Occurs when a defendant fails to respond to the plaintiff's complaint within the time allowed, or fails to appear at the trail. The court may then enter a default judgment.

Default - Failure of the defendant to appear and answer the summons and complaint.
Default judgment - A judgment entered against a party who fails to appear in court or respond to the charges.

Default. French de-faulte, to want, fail. (1) Something wrongful; some omission to do that which ought to have been done. (2) an omission, neglect or failure to do something required by law, or by a court administering the law.

Default:
Failure to pay or otherwise perform obligations under a contract.

DEFAULT: a party's failure to answer a complaint, motion, or petition.
DEFENDANT: the person the case is brought against.

Default
failure of a defendant to appear, or file an answer or response in a civil case, after having been served with a summons and complaint
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Default
Loss of the right to participate in a hearing or challenge a decision, such as for failure to timely appeal a decision or to appear at the hearing.

default: a "default" in an action of law occurs when a party omits to plead within the time allowed or fails to appear at the trial.

DEFAULT JUDGMENT: A ruling entered against a defendant who fails to answer a summons in a lawsuit.

Default
Failure to pay or discharge a duty.
Default Judgment
A judgment against a defendant who has failed to respond or otherwise appear in a lawsuit.

default: a "default" in an action of law occurs when a defendant omits to plead or otherwise defend within the time allowed, or fails to appear at the trial ...

DEFAULT: The failure to fulfill a legal obligation, such as neglecting to pay back a loan on schedule.
DEFAULT JUDGMENT: A ruling entered against a defendant who fails to answer a summons in a lawsuit.

Default: To fail to respond or answer to the plaintiff's claims by filing the required court document; usually an Appearance or an Answer.

default, default judgment The omission or failure to fulfill a duty, observe a promise, discharge an obligation, or perform an agreement.

DEFAULT -- A failure to do what ought to be done, i.e., when a defendant does not plead within the time allowed or fails to appear for trial.

DEFAULT, contracts, torts. By the 4th section of the English statute of frauds, 29 Car. H., c.

Term: Default
Definition: Failure to pay or discharge a duty.
Term: Default Judgment
Definition: A judgment against a defendant who has failed to respond or otherwise appear in a lawsuit.

Default
Definition - Noun
[Anglo-French defalte defaute lack, fault, failure to answer a summons, from defaillir to be lacking, fail, from de-, intensive prefix + faillir to fail] ...

Defaulting on a debt or other obligation such to account for public or trust funds. Usually used in the context of public officials.
2.

notice of default
n. a notice to a borrower with property as security under a mortg...
notice to quit
n. the notice given by a landlord (owner) to a tenant to leave th...

Default Hearing
In family law cases, a hearing in which a payor is required to come to court to explain why payment has not been made as required by a support order.

TOP Acceleration clause : A clause in a contract that states that if a payment is missed, or some other default occurs (such as the debtor becoming insolvent), then the contract is fully due immediately.

Often the property itself remains in the hands of the borrower, and the lender holds only a paper interest (lien, mortgage, etc.) in the collateral that is enforceable if the borrower defaults. Sever To cut into parts.

Bond - A promise or contract to do or perform a specified act(s) or to pay a penalty for failure to perform, usually guaranteed by a "surety" who promises to pay if the "principal" defaults, or by deposit of money as a "cash bond.

To clear the title of this potential, a lender goes to court, demonstrates the default, requests that a date be set where the entire amount becomes payable after which, in the absence of payment, ...

Dropping the negative of forbearance, and taking duty to mean an obligation to do something, with the alternative of punishment in default, we find that duties are of two kinds.

Where a lender gains the right to invoke an acceleration clause due to a borrower's default, the lender may lose that right if the borrower corrects his or her default before the lender actually invokes the clause.

Foreclosure - A court proceeding upon default in a mortgage to vest title in the mortgagee.
Forfeiture - A cancellation. A legal action whereby a contract purchaser following default loses all his interest in the property.

There may be circumstances in which it would be unjust to permit the defaulting party simply to buy out the injured party with damages.

A clause in a contract that states that if a payment is missed, or some other default occurs (such as the debtor becoming insolvent), then the contract is fully due immediately.
Acceptance ...

Insured Mortgage
A mortgage insured against loss to the mortgagee in the event of default and failure of the mortgaged property to satisfy the balance owing plus costs of foreclosure.

Forfeiture: A cancellation. A legal action whereby a contract purchaser following default loses all his interest in the property.

A debt on which a creditor has a lien. The creditor can institute a foreclosure or repossession to take the property identified by the lien, called the collateral, to satisfy the debt if you default. Compare unsecured debt.
security deposit ...

pignus - a pledge by which a creditor obtained possession of property. Ownership remained with the debtor, but the creditor had certain rights upon default.

The floating charge crystallises if there is a default or similar event. At that stage the floating charge is converted to a fixed charge over the assets which it covers at that time.

The defendant is served a process (e.g., a summons) that notifies him or her of the suit and usually responds with an answer. Failure to respond ordinarily entitles the plaintiff to a judgment by default.

Formerly landlords had the power to distrain against the property of a tenant for arrears of rent or other default, but such action is now forbidden in relation to premises let solely as a dwelling.

See also: Law, Court, Person, Fault, Term