MBE Trap: Default vs Default Judgment

You’ll need to understand the difference between a default and a default judgment, since the questions will often attempt to confuse the two. The clerk enters a default once the plaintiff has proven (by affidavit or otherwise) that the defendant has failed to timely serve an answer. 
 
A default judgment, on the other hand, is either entered by the clerk or by the court. Importantly, only the court (not the clerk) can enter a default judgment if any of the following is true:
 
~ the defendant has appeared (a broad term encompassing anything from filing a motion to otherwise acting before the court) 
 
~ the defendant is legally incompetent or a minor. 
 
~ the plaintiff’s claim is not for a sum certain (a specified set amount) or a sum that can reasonably be made certain.
 
~ the plaintiff failed to include an affidavit establishing the amount due. 
 
If any of the above is true, only the court can enter a default judgment and only if the party for whom the default judgment is sought has been served with written notice of the application at least 7 days before the hearing on the default judgment. 
 
Lastly, I’d note that a default can be set aside for good cause and a default judgment can be set aside by following the procedure under the Federal Rules for relief from a final judgment.