Can I get a summary judgment after default?

Asked about 1 year ago - Fort Lauderdale, FL

My understanding is that entry of default prohibits defendants from defending the case anymore, and it is followed by a default judgment. However, a default judgment implies that defendants never defended, and a default judgment can be hard to collect on internationally. In our case, defendants defended for years, and then defaulted after discovery and the admission of quite a bit of evidence. So if we just get a default judgment, we are cheated to some extent, because we get a judgment that is less collectible. If I get an entry of default against defendants, can I then move for summary judgment and show the court that the evidence admitted so far is enough for summary judgment?

Attorney answers (1)

  1. David P Fraser

    Contributor Level 12

    Answered . If you have an attorney, discuss this with him/her. One would really need to know where internationally you plan on trying to collect. The Hague convention has provisions dealing with default judgments procured without notice, which would not be applicable here.

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