Verstekvonnis

Default judgment

A default judgment is a judicial decision granting the plaintiff's claim because the defendant has failed to appear or to submit a defense.

A default judgment arises where the defendant fails to respond to the summons or fails to appear at the hearing. The court may treat the facts asserted by the claimant as established and allow the claim, provided the claim is lawful and adequately substantiated.

Such a judgment serves to expedite proceedings and prevents a case from being unduly delayed by non-cooperation. At the same time, it affords the defaulting party the opportunity to lodge opposition within four weeks of service and to advance a defence.

In practice, default judgments are commonly rendered in debt-collection proceedings or straightforward civil matters in which the opposing party shows no interest or fails to respond to the summons.

“As the defendant had failed to appear, the court entered a default judgment granting the claim in full.”

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