Judgment in default

A judgment in default is a court decision entered against a defendant who fails to file a defence or otherwise respond to a claim within the time the court rules allow.

In a road accident claim this can happen if an insurer or driver ignores the paperwork, letting the claimant obtain judgment without a full trial on the facts. Once obtained, the judgment still needs to be enforced, a step covered in enforcing a judgment.

A default judgment can sometimes be set aside if the defendant shows a good reason for not responding, so it is not always the final word.

If an insurer or driver has ignored court papers, an independent lawyer can apply for judgment in default on your behalf.

Need a lawyer to handle your injury claim?

A plain-language road accident and injury claims resource for Malaysia.

For people seeking legal representation. For general information, please use our guides and tools.