Fail to participate in the legal system when a lawsuit is filed against you and the chances are pretty high that you’ll end up facing a default judgment. But can a default judgment be appealed? In most states, yes. It is a risky strategy but one that is still possible most of the time.
Appealing a default judgment is risky in the sense that you could spend time and money only to be turned away. And in fact, most appeals are denied. You have a heavy burden of proof in challenging a default judgment. The chances of you meeting that burden are not all that great.
Why Default Judgments Are Entered
To understand why appealing a default judgment is so risky, you first need to understand what a default judgment is. A default judgment is a civil court ruling handed down after one party to a lawsuit fails to participate. The most common scenario is the defendant not showing for his court hearing.
Let us say the judge and plaintiff arrive at court ready to go. The plaintiff has a solid case, and the judge sees no reason to delay. But wait. You are nowhere to be found. Neither you nor your attorney are in court on that day. How is it possible for the judge to look at the facts of the case with you not present?
They can’t, so a default judgment is entered. It is entered in favor of the plaintiff. Imagine a case involving a landlord trying to collect unpaid rent. If you do not show up in court, a default judgment is awarded. The judgment compels you to pay what you owe in back rent along with late fees, court costs, and interest.
What It Takes to Appeal
As for what it takes to appeal a default judgment, the details vary from one state to the next. As a general rule, success requires two things: a valid and reasonable excuse for not showing up in court and a compelling reason for why the other party should not have won the lawsuit.
Let’s start with your reason for not showing up. Having a medical emergency that required an ER visit and an overnight stay would probably be enough to satisfy and judge. Incarceration would be another valid reason. But note that courts expect defendants facing such circumstances to contact their attorneys. Their attorneys can show up in court and provide the explanation.
As for the reason the other party should not have won, it is a higher hurdle to jump over. Defendants and their attorneys trial sorts of gambits. But again, the burden of proof is a stiff one. Success means debating the facts of the case. It also means convincing a judge who already has a negative opinion of a defendant who did not come to court.
When an Appeal Fails
Appealing a default judgment and failing opens the door to collection efforts. According to Salt Lake City’s Judgment Collectors, collection efforts may begin with the offer of a payment plan. If necessary, the creditor may attempt to garnish wages and bank accounts, file liens on personal property, or even attempt to seize and sell nonexempt assets.
Knowing what could happen in the event of a failed appeal would be motivation enough for me to at least participate in the legal process. While I might very well lose the case at hand, I don’t need the consequences of a default judgment making things worse. At least my participation in the legal system offers the opportunity for me to exercise my rights.