Legal Question in Wills and Trusts in Maryland

Re: Judgment By Default

It is a judgment entered against someone who failed to defend against a claim. If you've got one, maybe you should see an attorney. (Or more to the point, maybe you should have already seen an attorney.)

Re: Judgment By Default

You may be able obtain a "Judgment in Default" against your opponent without

the need for a court to hear the merits of the case if:

1. Your opponent does not return a response in a timely manner (i.e., does

not return a response for defending a claim or fails to file a separate defense), or does not appear in court on the scheduled date. Your

opponent has a set time limit to accomplish these matters. In Maryland, for most actions

this is 15 days or 30 days. However, there are some actions in Maryland which permit responses as late as 60 or 90 days. These time limits are all set by statute and vary based on the type of claim or case. Some matters do not require a response, but merely an appearance on the date of scheduled trial.

2. Your opponent admits part or all of your claim.

If your opponent admits only part of your claim you can enter judgment for the

amount admitted but will have to argue in court about the amount which is not

admitted. The part of your claim that was admitted is also referred to as a default judgment.

Default judgments apply in civil cases.

Mastering the use of legal terminology requires a considerable commitment of time and effort. If you are confronted with a legal matter, you should

speak with an attorney rather than risk the loss of your legal rights.

G. Joseph Holthaus III

(410) 799-9002