A default judgment can have major implications. It means that the judge has made a decision because you did not appear or did not defend yourself in a proceeding. Many people do not know that they can still do something about this. Fortunately, the law provides the opportunity to object and finally tell your side of the story.
In this article we explain what a default judgment is, what its consequences are and how you can challenge it.
What is a default judgment?
A default judgment is pronounced if you:
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Did not appear in court after a summons.
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Did not submit a defense after a petition.
The judge then automatically assumes that the claim of the other party is correct. You lose the case without your story being heard.
👉 A default judgment is thus not a substantive assessment, but a judgment by absence.
Consequences of a default judgment
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You will be condemned to do what the other party demands (for example payment, eviction or compliance with a contract).
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You usually also have to pay the process costs and bailiffs’ costs.
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The judgment can be executed immediately, for example by wage garnishment or bank account seizure.
How can you challenge a default judgment?
The law offers the possibility to object. This means that you still get the chance to present your point of view.
Conditions for opposition:
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You must object within 4 weeks of serving the default judgment.
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If the judgment has not yet been served, a term of 8 weeks after ruling applies.
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You usually need a lawyer to file an objection.
How does opposition to a default judgment work?
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Prepare a summons of objection
Your lawyer prepares a summons of objection stating why you disagree with the default judgment. -
Submitting to the court
The bailiff serves the summons and submits it to the court. -
New procedure
A new procedure begins, in which you can now present your defense. -
Judge’s ruling
The judge reevaluates the case, this time including your points of view.
Examples from practice
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Example 1 (debt case): An individual received a default judgment for payment of € 10,000. We were able to demonstrate in opposition that half had already been paid. The judge significantly reduced the claim.
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Example 2 (rental case): A tenant was defaulted to eviction. In opposition, a payment arrangement was agreed upon, allowing the tenant to remain in the home.
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Example 3 (collection): A freelancer received a default judgment due to a disputed invoice. During opposition, we were able to demonstrate that the agreement had never been properly established. The claim was rejected.
Checklist for a default judgment
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📄 Read the judgment carefully: what has been decided?
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⏳ Check the term: 4 weeks after service, 8 weeks without service.
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⚖️ Immediately hire a lawyer.
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📝 Have an opposition summons prepared.
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📑 Collect evidence and arguments for your defense.
Common mistakes
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Thinking that a default judgment is final and untouchable.
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Going into opposition too late, making the ruling unchangeable.
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Litigating oneself without knowledge of terms and procedural law.
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Not collecting documentary evidence to support your position.
Frequently Asked Questions (FAQ)
1. Can I always object to a default judgment?
Yes, as long as you stay within the legal terms.
2. Do I need a lawyer to object?
In most cases yes, certainly in court.
3. Can I be seized during objection?
Yes, the judgment remains enforceable. However, your lawyer may try to suspend this.
4. What does objecting cost?
That depends on the case. Sometimes your legal aid insurance pays the costs.
5. Do I have a chance of success in objection?
That depends on the content of your case. A lawyer can assess this.
Why Arslan Lawyers?
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Specialized in objection against default judgments
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Experienced in swift procedures at the court
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Regularly achieve reduction or nullification of judgments
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Prevent further costs and seizure
Conclusion
A default judgment does not mean that you no longer have a chance. By timely objecting, you can still tell your side of the story and often achieve a much better outcome. It is important to take immediate action and seek legal help.
Frequently Asked Questions
What is a default judgment and how does it affect my case?
A default judgment occurs when a court makes a decision against you because you did not appear or defend yourself. It results in you losing the case without your side being heard, often leading to obligations like payments or eviction.
Can I still challenge a default judgment if I missed the deadline?
Yes, you can object within 4 weeks of being served the judgment or within 8 weeks if you were not served, but you usually need to act quickly and often require a lawyer to help prepare your objection.
What steps should I take if I want to oppose a default judgment?
You should prepare a summons of objection with the help of a lawyer, have it served to the court by a bailiff, and then participate in a new procedure where you can present your defense.
What evidence should I gather when opposing a default judgment?
You should carefully review the judgment, check the relevant deadlines, and collect any evidence that supports your case, such as proof of payment or a proper agreement, to strengthen your objection.