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When will the default judgment take effect?

The execution period after the default judgment needs to depend on the situation:

1. After the judgment is served on the parties, if neither party appeals, it shall be executed from the 15th day after the judgment;

2. If the judgment needs to be served by public announcement, it shall be deemed to have been served 60 days after the announcement, and shall be implemented 75 days after the judgment.

What are the characteristics of trial by default?

Trial by default has the following characteristics:

1. The conditions for hearing by default are being summoned, refusing to appear in court without justifiable reasons, or withdrawing from court without the permission of the court. This includes announcing the service of this proposed service summons;

2. The absence of the plaintiff and the absence of the defendant have different legal consequences;

3. The default judgment is made by the court on its own initiative;

4. The judgment by default has the same legal effect as the judgment in the public gallery.

To sum up, the effective time of the judgment, if it is a civil first-instance judgment, will take effect after the appeal period has passed, that is, 15 days after the judgment, and it will be implemented in accordance with the provisions of the judgment.

Legal basis:

code of civil law

Article 164

If a party refuses to accept the judgment of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 15 days from the date when the judgment is served.

If a party refuses to accept the ruling of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 10 days from the date when the ruling is served.

Article 165

The appeal shall be filed with the appeal. The contents of the complaint shall include the names of the parties, legal persons and their legal representatives or other organizations and their principal responsible persons; The name, case number and cause of action of the people's court that originally tried the case; The request and reasons for the appeal.