Legal Question in Real Estate Law in Kentucky
Judgement by Summary vs. Judgement by Default
In a real estate foreclosure, what is the difference between judgement by summary and judgement by default?
Asked on 9/29/00, 9:02 am
1 Answer from Attorneys
Rick Sommer
Law Offices of Rick J. Sommer
Re: Judgement by Summary vs. Judgement by Default
A default judgment refers to a situation where the defendant in a legal action fails to answer the complaint or respond in any way to the pleadings. Like a team failing to show up for a game, the defendant forfeits. In a summary judgment, the defendant does respond to the action. However, the judge determines, upon motion by a party, that even giving the most liberal benefit of the doubt, the non-moving party has no factual basis for continuing the action. The moving party wins "summarily" as a matter of law.
Answered on 10/30/00, 8:11 am