Calculate your Cash Advance with our Inheritance Calculator

What Is a Default? Definition, Uses and Importance.

Jump To Section

Share This

A failure to fulfill a legal obligation, such as neglecting to pay back a loan on schedule. When one party to a lawsuit fails to comply with a court-ordered activity, the failure results in the court settling the legal dispute in favor of the party who complied.

A judge may grant a default judgment in a case brought by a plaintiff when a defendant is summoned to appear before the court but fails to appear or respond to the court’s legal order. Though not present in court, the defendant is bound by the court’s finding on default judgment and is subject to any and all punishments imposed by the court as a result of the ruling.

How Default work

While a defendant who has been served with a default judgment may seek to have the judgment overturned by proving a legitimate reason, failing to appear in court or failing to respond to a summons is typically considered to be a bad decision.

For example, in the United States, default judgments are handled differently depending on the state in where the civil case was brought, therefore the outcome will vary depending on where the civil action was filed. It is also possible that individual courts and organizations at different levels will have their own by-laws and processes for dealing with a prospective default decision.

According to Federal Rule 37(b)(2)(v), a person who fails to appear in court on the date and time specified by the court might be found in default.

One requirement is that the plaintiffs sign an affidavit under oath and under penalty of perjury stating that the defendant was duly served but still failed to attend (proof of service), which allows the court to confirm that the defendant has skipped an appearance.

Loan Default

When a borrower fails to repay a debt in accordance with the terms of the original agreement, this is referred to as loan default. In the case of the vast majority of consumer loans, this means that successive payments have been missed over a period of weeks or even months.

Unfortunately, lenders and loan servicers typically grant borrowers a grace period before punishing them if they miss just one payment in a given period of time. Delinquency is defined as the span of time between failing to make a loan payment and having the loan defaulted. When a debtor is delinquent on their loan, they have a window of opportunity to prevent default by calling their loan servicer or making up missed payments.

Did you know that you could get a cash advance on your inheritance?

The implications of defaulting on any type of loan are serious, and it is imperative that you avoid defaulting at all costs. If you fail to make a payment on time or if your loan has been in default for a few months, the best course of action is to contact the firm that manages your loan. Loan servicers will frequently collaborate with debtors in order to develop a payment plan that is beneficial to both sides. Otherwise, leaving a debt delinquent and allowing it to default might result in the seizure of assets or the garnishment of income in the worst circumstances.

Default in loan payment vs Bankruptcy

Defaulting on a loan indicates that you have failed to meet your obligation under the promissory note or cardholder agreement with the lender to make timely payments. Each lender has its own set of regulations for how many missed payments you can accumulate before you are considered to default on your loan. It is possible to have as few as one missed payment or as many as nine missed payments in rare instances.

Filing for bankruptcy, on the other hand, is a formal process that entails creating a list of your debts and assets, as well as figuring out how to get your debts forgiven. A court will determine whether or not any of your debts can be discharged and whether or not your assets will be utilized to pay off the remaining total owed to you. In addition, the judge will determine which assets you are entitled to keep and which assets can be taken away from you.

Default and bankruptcy are frequently associated with one another. Many debtors default on their loans and then file for bankruptcy as a result of their default.

Synonyms of Default

  • Welshing
  • Non-remmitance
« Back to Glossary Index
Search for more common probate terms

Get Your Inheritance Money Now!

Our Inheritance Cash Advances help heirs receive a portion of their inheritance payout in just a few days. We then wait and are paid directly out of your share when the estate finally closes. We wait for probate so that you don’t have to. Click below and fill out our short form to receive an advance immediately.

Probate Costs
Other Probate Terms You Might Be Interested In
Probate Sale

A probate sale is the sale of a deceased person’s property in cases where they died without leaving a will allocating the property to a

Read More »

An heir is a person entitled to inherit the property of a decedent. An heir is a person who inherits or expects to inherit property

Read More »
Statutory Will

Statutory wills follow the standard language contained in a state wills statute. Some states have a template and format for their wills and they can

Read More »

Being in charge of managing a company’s finances is an important responsibility. It affects how much money employees will be able to take home every

Read More »
Marital exemption

A tax provision that allows an unlimited amount of property of one spouse to transfer to the other upon death without incurring estate or gift

Read More »
Blocked Account

A blocked account in probate refers to cash or securities that are placed in a bank subject to withdrawal upon court order. A blocked account

Read More »

Fill Out The Form & Get An Immediate Quote!

Choose Your Total Estate Value


TIP: deduct loans, administrative fees, legal fees and all other expenses


Select from 1% to 100%


Estimated Advance Amount