Legal analysis
Default judgment is a judgment made by the people's court according to law after only one party appears in court, and only one party appears in court to ask questions, check evidence and listen to opinions, and examines and verifies the complaint or defense and evidence filed by the party who did not appear in court. According to the relevant laws and regulations, the default judgment is applicable to the following situations: 1. If the plaintiff fails to appear in court or withdraws from court, and the defendant counterclaims, the judgment may be made by default; 2. The defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or leaves the court halfway without the permission of the court; 3. If the court ruled that the lawsuit was not allowed to be withdrawn, the plaintiff refused to appear in court without justifiable reasons after being summoned; 4. The legal representative of the defendant who has no capacity for civil conduct refuses to appear in court without justifiable reasons after being summoned; 5. In a loan case, if the debtor's whereabouts are unknown when the creditor files a lawsuit, the people's court will announce and summon the debtor to respond after accepting it. If the debtor still fails to respond to the lawsuit after the expiration of the announcement, and the loan relationship is clear, the judgment may be made by default after trial. During the trial, if the debtor escapes, his whereabouts are unknown, and the loan relationship is clear, the judgment may be made by default. Judgment by default has the same legal effect as judgment in person. For the judgment by default, the people's court should also announce and serve the judgment to the absent parties in accordance with legal methods and procedures, so as to ensure that the parties can fully exercise their right of appeal.
legal ground
Article 144 of the Civil Procedure Law of People's Republic of China (PRC) * * * After being summoned, if the defendant refuses to appear in court without justifiable reasons, or withdraws from court without the permission of the court, he may make a judgment by default.
Article 109 If a people's court refuses to appear in court twice without justifiable reasons after being summoned, it may compel the defendant to appear in court.