What happens if the defendant does not file a defense?

When a defendant fails to file a defense in a legal proceeding, the court may allow the plaintiff to request a default judgment against the defendant. A default judgment occurs when the defendant does not respond to the allegations made in the plaintiff's claim, effectively resulting in the plaintiff winning the case by default. This provides the plaintiff with a judgment in their favor without a trial taking place, as the legal requirements for an adequate defense have not been met by the defendant.

This process serves to ensure that legal matters can move forward efficiently, preventing undue delays in court proceedings when one party does not engage. The court generally provides a pathway for the plaintiff to obtain this judgment, which can be significant because it often results in the court ordering the defendant to fulfill certain obligations, which may include payment for damages claimed by the plaintiff.

In contrast, other options suggest different procedures that do not accurately reflect the outcome of a defendant's failure to respond. For instance, scheduling an immediate trial does not align with the protocol when no defense is filed, and submitting documents is not typically a step taken prior to noting a default judgment. Furthermore, the idea that nothing happens until a settlement is reached is misleading since the court has mechanisms in place to address the absence of a defense.