Judgment in default (udeblivelsesdom)
Also known as default judgment, non-appearance, udeblivelse, dom ved udeblivelse
A judgment in default is given when the debtor does not respond to the writ of summons — the claim is then upheld without any substantive hearing.
In practice
Most debt collection cases that reach the courts end in a judgment in default. The debtor does not respond, and the court upholds the claim exactly as it was submitted.
That does presuppose, however, that the writ of summons has been served correctly. If it cannot be documented that the debtor actually received it, the judgment can be set aside — and you start again from the beginning.
Where it commonly goes wrong
- Sloppy service. It is the one thing a judgment in default stands or falls on.
- Overstating the claim in the writ of summons. The court upholds the claim as submitted — but an incorrect calculation can be challenged later.