If There's Legal Action

A default judgment was entered against me

A default judgment is entered when someone does not respond to a court claim in time. It is serious, but it is not always the final word — in some cases you can apply to have it set aside. Act quickly and get advice.

This guide helps you

  • Understand what a default judgment is and why it happened
  • Know what a judgment lets a creditor do
  • Learn that setting aside may be possible
  • See why speed matters now
  • Find free legal help to act

7 min

What's happening

A default judgment is a court order made against you because a court claim was not responded to within the required time. The court did not weigh up the merits — it simply entered judgment because no defence was filed. You may only learn of it when you receive a notice, an enforcement document, or see it on your credit record.

Don't ignore it

A judgment is enforceable, so ignoring it can lead to a garnishee order against your wages or bank account, or a writ or warrant affecting your property, and in larger matters it can be a stepping stone toward bankruptcy proceedings. It can also remain on your credit record. The good news is that finding out about a default judgment is a moment to act, not to panic.

Step by step

  1. Get a copy of the judgment and the court file so you know exactly what was decided.
  2. Work out why you did not respond — for example, you were not properly served, or you have a genuine defence.
  3. Get legal advice immediately about applying to set aside the judgment.
  4. If setting aside is not appropriate, ask about arranging to pay or negotiating.
  5. Act fast — delay can weaken an application.

Whether a default judgment can be set aside, and how, depends on the court and your circumstances. There can be time limits, so do not wait — check your court's rules or get advice straight away.

Get legal help

Setting aside a judgment is technical, and a community legal centre or Legal Aid can tell you whether it is realistic in your case and help you prepare the application. If the judgment is correct but you simply cannot pay, a financial counsellor (National Debt Helpline 1800 007 007) can help you deal with enforcement and negotiate.

Find courts and legal-help organisations in the bodies directory.

Where to get free help

Contact Legal Aid or a community legal centre about setting aside the judgment, and the National Debt Helpline on 1800 007 007 for free financial counselling. Background guides at help.merion.com.au can help you prepare.

This is general information only and is not legal advice. Get advice quickly — set-aside applications can be time-sensitive.

Key takeaways

  • A default judgment is entered when a claim isn't responded to in time.
  • It is enforceable and can affect your income, property and credit.
  • You may be able to apply to set it aside — but speed matters.
  • Free legal help can tell you whether setting aside is realistic.

Frequently asked questions

Can a default judgment be reversed?

Sometimes. In certain circumstances you can apply to set it aside, for example if you weren't properly served or have a genuine defence. Get advice quickly.

What if I can't pay the judgment?

A financial counsellor can help you deal with enforcement, seek hardship arrangements, or negotiate. Call 1800 007 007.

How did this happen without me knowing?

Default judgments can be entered after service even if you didn't see or act on the papers. If service was defective, raise it with a lawyer.

This is general information, not legal or financial advice. Your situation is unique and rules can vary by state and over time — for advice on your circumstances, speak to a free financial counsellor (National Debt Helpline 1800 007 007) or get legal help.

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