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de·fault /di-'fȯlt, 'dē-ˌfȯlt/ n [Anglo-French defalte defaute lack, fault, failure to answer a summons, from defaillir to be lacking, fail, from de -, intensive prefix + faillir to fail]1: failure to do something required by duty (as under a contract or by law): asa: failure to comply with the terms of a loan agreement or security agreement esp. with regard to payment of the debtb in the civil law of Louisiana: a delay in performing under a contract that is recognized by the other party◇ A party whose performance under a contract is delayed is not automatically in default. Rather, the law of Louisiana requires that the other party “put him or her in default” by a written or witnessed oral request for performance, by filing suit, or by invoking a specific provision in the contract. Moratory damages may be recoverable for loss caused by the delay.2: failure to defend against a claim in court (as by failing to file pleadings or to appear in court) see also default judgment at judgment 1adefault vbde·fault·er nin default: in the condition of having defaulted
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
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I
noun
abrogation, ad vadimonium non venire, arrear, avoidance, bankruptcy, breach, breach of orders, deiinquence, delinquency, dereliction, dereliction of duty, dishonoring, disregard, evasion of duty, failure of credit, failure of duty, failure to answer, failure to appear, failure to meet one's obligations, failure to pay, financial disaster, insolvency, insufficient funds, neglect, nonfulfillment, nonobservance, nonperformance, omission, pretermission, refusal to pay, repudiation, vadimonium deserere, violation of duty
associated concepts: date of default, declaration of default, default decree, default in payment, default of issue, default or misconduct in office, excusable default, failure to pay money due, failure to perform duty, judgment by default, material default, motion for default, motion to open default, motion to vacate default judgment, willful default
II
verb
ad vadimonium non venire, avoid, be deficient, be delinquent, be derelict, be faithless, be in arrears, be in debt, be neglectful, be negligent, be remiss, be unfaithful, become unable to meet obligations, breach the agreement, break one's trust, break the contract, desert, dishonor, disregard one's duty, disregard one's obligations, dodge, elude, evade, fail, fail in duty, fail to act, fail to answer, fail to appear, fail to meet financial engagements, fail to pay, fail to perform, forsake, ignore ones obligations, lapse, lose by failure to appear, neglect one's duty, not pay, omit what is due, renege, repudiate, shirk, shirk one's duty, shun, stop payment, vandimonium deserere, withhold payment
associated concepts: date of default, default decree, default in office, default in payment, default of issue, default or misconduct in office, excusable default, judgment by default, motion for default, motion to open default, motion to vacate default judgment, opening of default, willful default
III
index
arrears, breach, defeat, defect, deficit, delinquency (failure of duty), delinquency (shortage), dereliction, dishonor (nonpayment), disregard (omission), failure (bankruptcy), forfeit, infraction, lapse (expiration), maladministration, miscarriage, neglect, nonappearance, nonpayment, nonperformance, omission, repudiate
Burton's Legal Thesaurus. William C. Burton. 2006
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n.Failure to perform a legal duty or meet an obligation.
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
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the failure to do that which ought to be done. Thus, failure to make payment under a contract is a default; more specifically, failure to repay or otherwise comply with the terms of a loan agreement are acts of default.When a defendant fails to take certain necessary steps in a court action, the court may give judgment by default.See default of pleadings.
Collins dictionary of law. W. J. Stewart. 2001.
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1) Failure to file an answer or other response to a summons or complaint in a lawsuit. After a certain period has passed, the plaintiff may ask the court for a default judgment, which means the defendant who failed to respond loses the case. A defendant who has a legally sufficient reason for failing to respond (for example, the defendant never received the summons) may file a motion asking the court to overturn the default judgment and allow the defendant to defend the lawsuit.2) Failure to pay a debt or meet other obligations of a loan agreement. For example, a debtor may default on a car loan by failing to make required monthly payments or by failing to carry adequate insurance as required by the loan agreement.Category: Back Taxes & Tax DebtCategory: Bankruptcy, Foreclosure & Debt → Debt & Collection AgenciesCategory: Bankruptcy, Foreclosure & Debt → Student Loan DebtCategory: Personal Finance & Retirement → TaxesCategory: Representing Yourself in CourtCategory: Small Claims Court & LawsuitsCategory: Small Claims CourtCategory: Working With a Lawyer
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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USAOccurs when a borrower does not meet its obligations under an agreement. For instance, a borrower under a loan agreement does not make a scheduled payment or violates a covenant. Under most agreements, a default will ripen into an event of default after any required notice is given or upon the lapse of a specified grace period. Parties generally cannot exercise their remedies until an event of default (rather than a default) has occurred with respect to the other party to the agreement.
Practical Law Dictionary. Glossary of UK, US and international legal terms. www.practicallaw.com. 2010.
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1 n. The failure to perform a legal or contractual requirement, such as the payment of a debt by the due date.2 v. To fail to perform such a requirement.
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
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An omission; a failure to do that which is anticipated, expected, or required in a given situation.
Dictionary from West's Encyclopedia of American Law. 2005.
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An omission; a failure to do that which is anticipated, expected, or required in a given situation.II Failure of the defendant to appear and answer the summons and complaint.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
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1) n. failure to respond to a summons and complaint served on a party in the time required by law. If a legal answer or other response is not filed, the suing party (plaintiff) can request a default be entered in the record, which terminates the rights of the defaulting party to defend the case. Under a unique New York statute a default can be taken by failure to respond to a summons served without a complaint.2) the failure to make a payment when due, which can lead to a notice of default and the start of foreclosure proceedings if the debt is secured by a mortgage or deed of trust.3) v. to fail to file an answer or other response to a summons and complaint, or fail to make a payment when due.
Law dictionary. EdwART. 2013.
