A default judgment does not mean you won, it means the other side lost

Whenever you see someone touting their win with a default, they are manipulating the

system.

Lately, a lot of press releases and articles have been written about “winning” lawsuits when the other side does not show up. Nobody won a lawsuit in that situation; the

other side lost. You only win when you can present your evidence to a court of law AND rebut the evidence presented by your opponent.

Failing to appear may mean you lost the lawsuit; it may also mean you don’t want to spend the money in a case you can’t win. (See Lance Armstrong not arbitrating.) It may mean that the cost of winning or defending is more than the other side can win or that the winning side can never get its money. (See Floyd Landis and the UCI.)

It does not mean that the person who shows up to court, and wins does not win as much as it does not support all the allegations, statements and their positions. Nor does it mean that the loser admits to everything the winner is now proclaiming.

It’s understandable to the masses, but crap JOURNALISTS SHOULD FIGURE THIS OUT and write what really occurred, not just what the winning press release says.

Hint Hint Velonews and BRAIN and CyclingNews.com

At the same time, if you are sued, show up and fight. In the US, in a courtroom, you have a fair chance if you have any defense and if nothing else you can probably

negotiate a lower amount to what you may owe. Arbitration where the other side makes the rules, foreign courts that can never come back to the US to get anything, smile and have a beer.

What do you think? Leave a comment.

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