If a petition is filed and the defendant is not served, what potential procedural result may occur?

• A. Immediate appeal
• B. Dismissal for lack of jurisdiction
• C. Automatic appeal
• D. Default judgment

Answer: (D)

When a defendant does not respond after being properly served, the court may enter a default judgment in favor of the plaintiff. A default judgment happens because the defendant, by failing to plead or defend within the allowed time, is deemed to have conceded the claims. Service provides actual notice and the opportunity to defend; if that opportunity is not taken, the court can resolve the case in the plaintiff’s favor without a trial.

Immediate or automatic appeals aren’t triggered by a defendant’s failure to respond. Dismissal for lack of jurisdiction would apply if service was never successfully completed, meaning the court never had authority over the defendant. Once service is properly effected and no responsive pleading is filed, a default judgment is the typical procedural result.