Post-Answer Default Judgment Law and Legal Definition

A post-answer default judgment is a judgment for the plaintiff that is entered after the defendant files an answer but fails to appear at trial, or fails to provide a defense against the claims asserted in the plaintiff’s complaint.

However, a post-answer default judgment may be set aside when the defendant establishes that:

(1) the nonappearance at trial was not intentional or the result of conscious indifference, but the result of an accident or mistake.

(2) the motion for new trial sets up a meritorious defense; and

(3) granting the motion will occasion no undue delay or otherwise injure the plaintiff.