What Is a Default Judgment? You Win Because They Didn't Show Up

The story in the video

Our lawyer arrives in a grand courtroom, ready for battle. The other side never shows up. After a while, he and the judge's bench end up playing ping-pong. That is the spirit of a default judgment: if your opponent ignores the case, the court can decide it without them.

How a default judgment works, step by step

• File your claim with the court and serve it on the debtor, officially and following the court's rules.
• The debtor gets a deadline to respond — to admit, defend or acknowledge the claim.
• If they don't respond in time, you apply to the court for judgment in default.
• The court checks that service was correct and the deadline has passed, then grants judgment — usually without a hearing.
• You enforce the judgment like any other court decision.

Why proper service is everything

A default judgment rests on one assumption: the debtor knew about the claim and chose not to respond. That is why the rules on service are strict. Papers must go to the right legal entity, at the right address, by an accepted method, with any required translation. If service was defective, the judgment can be cancelled — and you lose time and money.

Serving a debtor in another country adds a layer. Within the EU, the Service Regulation sets out how documents are sent between member states. Outside the EU, many countries use the Hague Service Convention. A local partner who knows the procedure avoids the most common mistakes.

How long does the debtor have to respond?

It depends on the country and the court. In England and Wales, a defendant generally has 14 days after service of the particulars of claim to respond, or 28 days if they acknowledge service first. In US federal courts, the usual deadline is 21 days after service. Other countries set their own periods — always check the local rules.

When can a default judgment be set aside?

A default judgment is not always final. The debtor can ask the court to cancel it, typically when:

• The claim was not properly served
• The judgment was entered too early, before the deadline expired
• The debtor had a good reason for not responding and acted quickly once they found out
• The debtor has a real prospect of defending the claim

Courts usually expect the debtor to move fast. Waiting months before applying weakens their chances.

Enforcing a default judgment — at home and abroad

Once granted, a default judgment can be enforced with the usual tools: bank account seizures, asset seizures, or insolvency proceedings. Inside the EU, judgments from one member state can generally be enforced in another without a separate recognition procedure, and uncontested claims can also be certified as a European Enforcement Order. Outside the EU, you may first need the judgment recognised by the local courts, and defective service is a common ground for refusal.

For uncontested cross-border claims within the EU, the European order for payment is a fast alternative: if the debtor does not oppose it within 30 days of service, it becomes enforceable.

How Collecty can help

Collecty recovers unpaid B2B invoices in 190 countries. Most debtors pay once they realise a claim is real. When they don't, our local partners file, serve and enforce correctly — so a default judgment holds. No win, no fee.