7. If a default judgment has been entered against me because I did not respond to the claim in time, what can I do?
A default judgment is a judgment entered against a defendant because the defendant has failed to take a required procedural step, such as filing an acknowledgment of service or a defence within the required time.
Because a default judgment is obtained without a full trial, it is not a judgment after the court has decided the merits of the claim. For that reason, the court has power to set aside, vary or amend a default judgment where justice requires.
The applicable principles differ depending on whether the default judgment is regular or irregular. The distinction between a regular and irregular judgment is important. If the judgment is regular, the defendant must usually show a real prospect of defending the claim. If the judgment is irregular, the defendant will normally be entitled to have it set aside, although the court may still impose conditions depending on the circumstances.
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