What is the difference between a default and a default judgment?

What is the difference between a default and a default judgment?

• A. The default and the default judgment are the same thing
• B. A default is a notation in the court's record that the party has failed to properly respond to a claim
• C. A default is a type of remedy; a default judgment is not
• D. A default is always final; a default judgment is never final

Answer: (C)

In civil procedure, a default is not a remedy; it’s the procedural posture that occurs when a party fails to plead or appear. The court records an entry of default to indicate the party’s lack of response. A default judgment, on the other hand, is the actual court decision entered against the defaulting party, delivering the relief requested in the complaint (often including damages) and becoming a final order that can be appealed or—or in some cases—set aside for good cause. So the difference is that the default signals failure to respond, while the default judgment is the remedy and final resolution. The idea that a default is a remedy is a common misconception, and the other statements are off the mark because they either equate the two or describe finality inaccurately.

In civil procedure, a default is not a remedy; it’s the procedural posture that occurs when a party fails to plead or appear. The court records an entry of default to indicate the party’s lack of response. A default judgment, on the other hand, is the actual court decision entered against the defaulting party, delivering the relief requested in the complaint (often including damages) and becoming a final order that can be appealed or—or in some cases—set aside for good cause.

So the difference is that the default signals failure to respond, while the default judgment is the remedy and final resolution. The idea that a default is a remedy is a common misconception, and the other statements are off the mark because they either equate the two or describe finality inaccurately.