How to Stop a Default Judgment in Texas
A default judgment is a legal ruling by a judge or magistrate issued when a party to a lawsuit fails to answer the complaint. In Texas, the person who files the lawsuit is the petitioner, and the person being sued is the respondent.Texas civil procedure allows 10 days from the date the complaint was served for a respondent to issue an answer to the court. It is important, regardless of the merits of the case, that a respondent issue an answer in response to a civil petition.
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Instructions
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Respond to the civil complaint in writing. When served with a petition, respond in a factual and coherent manner with an answer to the allegations. You must mail a copy of your answer to the court of jurisdiction and the petitioner. In your response, you can state your side of the allegations or deny the allegations outright. You can also file a cross-complaint against the petitioner.
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Appear at the scheduled hearing. Defendants who fail to appear at court for the hearing almost always receive a default judgment entry against them. In Texas, when a respondent fails to answer a petition, a default hearing is scheduled and the petitioner states that service was perfected. If the judge agrees, a default judgment is entered. If you appear at this hearing, you will be given the opportunity to provide the court a reason why you did not answer the petition and why the matter should go forward.
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File a motion to set aside the default judgment. If a default judgment ruling is issued against you, you must provide the court with a valid reason as to why the ruling should be set aside. Texas courts tend to make every effort to make sure debtor's rights are protected. If you can prove the petition was not properly served or that the judgment was issued by mistake, the judgment may be voided.
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Tips & Warnings
Texas courts accept few excuses from respondents that fail to reply to a civil petition.
If you feel that you do not fully understand your legal rights, consult with an attorney.
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