Default Judgments

By Aaron Bundy

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General

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Last Modified on Jun 10, 2025

Oklahoma, Missouri and Arkansas share an overarching judicial philosophy that disfavors default judgments, preferring that lawsuits be resolved on their factual and legal merits.

In all three jurisdictions, the courts operate under the principle that a final resolution of a legal dispute should, whenever possible, be based on a thorough examination of the evidence and legal arguments presented by all parties. This preference for decisions on the merits stems from a fundamental commitment to due process and the belief that a just outcome is more likely when both sides have had an opportunity to be heard. Default judgments, which are entered against a party who has failed to appear in court or defend against a claim, are viewed as a necessary tool for ensuring the progress of litigation but are generally considered a last resort.

There is a time and a place for judgment by default. The process is laborious and in some ways designed to provoke the non-participating party to appear. In other words, once you start the default judgment process, it is possible for the other side to appear, effectively reopening litigation.

Securing a default judgment, especially one that can withstand a later challenge, is a meticulous and often redundant process designed to ensure that the defendant has had every reasonable opportunity to appear and defend themselves. This “overkill” is a direct reflection of the courts’ reluctance to deny a party their day in court. The process generally involves several key stages, each with its own set of detailed requirements.

Initially, the plaintiff (or the moving party) must perfect service of process on the defendant, strictly adhering to the state’s rules to provide legally sufficient notice of the lawsuit. This may involve personal delivery of the summons and complaint, service on a registered agent, or, in limited circumstances, service by publication after demonstrating a diligent effort to locate the defendant. Service is non-negotiable and nonwaivable. If you get service wrong, then any subsequent judgment will be void.

Following the defendant’s failure to file a timely response after service, the plaintiff cannot simply obtain a judgment. They must file a motion for default judgment with the court that demonstrates proper service. Although not required by most rules, a copy of the motion and any subsequent order for hearing on the motion for default judgment should also be sent to the defendant. Why? It helps enhance the strength of a default judgment if they do not show, as it reduces their ability to later appear and claim that they did not know or that they had some sort of excuse for not appearing or responding. Finally, once a default judgment is obtained, it should also be sent to the last-known address of the defendant.

Skipping any of these steps undermines the value of the default judgment and exposes the judgment to later attack and possibly vacation. If you are moving for judgment by default, you must understand that the defendant may receive multiple notices and chances to participate in the case. This forces them to choose: engage in the lawsuit, or face the consequences associated with a strong default judgment that they may not be able to vacate or modify.