If a defendant does not respond after being served, what may the court issue?

If a defendant does not respond after being served, what may the court issue?

• A. The court will automatically dismiss the case.
• B. A default judgment may be entered.
• C. The defendant loses the right to appeal.
• D. The plaintiff must refile.

Answer: (B)

When a defendant does not respond after proper service, the plaintiff can obtain a remedy through a default. In North Carolina, Rule 55 governs this. After service, the defendant has a set time to plead or defend. If that time passes without an answer, the plaintiff may move for entry of default. The clerk can enter default if the claim is for a sum certain (or one that can be readily computed) and the plaintiff provides proof, usually by affidavit. If the amount isn’t readily set by computation, the court will often hold a damages hearing and then enter a default judgment for the amount proven. So the court may issue a default judgment, which resolves the case in the plaintiff’s favor based on the absence of a defense. This is not a dismissal, and the plaintiff does not need to refile. There are still limited post-judgment avenues to challenge or modify the judgment, but the key idea is that a failure to respond opens the door for a default judgment.

When a defendant does not respond after proper service, the plaintiff can obtain a remedy through a default. In North Carolina, Rule 55 governs this. After service, the defendant has a set time to plead or defend. If that time passes without an answer, the plaintiff may move for entry of default. The clerk can enter default if the claim is for a sum certain (or one that can be readily computed) and the plaintiff provides proof, usually by affidavit. If the amount isn’t readily set by computation, the court will often hold a damages hearing and then enter a default judgment for the amount proven.

So the court may issue a default judgment, which resolves the case in the plaintiff’s favor based on the absence of a defense. This is not a dismissal, and the plaintiff does not need to refile. There are still limited post-judgment avenues to challenge or modify the judgment, but the key idea is that a failure to respond opens the door for a default judgment.