If a judgment in default is correctly entered but the defendant disputes it, what may the judge do?

If a judgment in default is correctly entered but the defendant disputes it, what may the judge do?

• A. The judge may set it aside.
• B. The court must enter the claim as final.
• C. The defendant is automatically allowed to defend without proceedings.
• D. The judgment is final and cannot be challenged.

Answer: (A)

The judge has power to set aside a judgment in default. Even after a default entry, fairness allows the case to be reopened if the defendant has a real prospect of successfully defending the claim or if there were procedural problems that caused the failure to defend. The court will usually require the defendant to take steps to defend (often by filing a defence within a set period) and may impose terms such as payment of costs. This preserves the opportunity for a proper hearing rather than leaving the claim decided on the default. The other options aren’t correct because a default judgment isn’t automatically final or unchallengeable, nor is it automatic that the defendant can defend without proper proceedings, and the court isn’t obliged to treat the claim as final.

The judge has power to set aside a judgment in default. Even after a default entry, fairness allows the case to be reopened if the defendant has a real prospect of successfully defending the claim or if there were procedural problems that caused the failure to defend. The court will usually require the defendant to take steps to defend (often by filing a defence within a set period) and may impose terms such as payment of costs. This preserves the opportunity for a proper hearing rather than leaving the claim decided on the default. The other options aren’t correct because a default judgment isn’t automatically final or unchallengeable, nor is it automatic that the defendant can defend without proper proceedings, and the court isn’t obliged to treat the claim as final.