What Is a Default Judgment in Texas?

A default judgment occurs when you file a lawsuit against someone and they fail to respond within the timeframe required by Texas law. After you serve the defendant with an original petition, they have 20 days from the date of service (until the next Monday) to file an answer. This answer may deny the allegations or present any affirmative defenses. If they do not respond, they are considered “in default,” which means the plaintiff automatically wins on the issue of liability.

Even with a default judgment, the plaintiff still needs to prove their damages or injuries. In personal injury cases, this involves presenting medical records, testimony, and other evidence to show the extent of the harm suffered. Once the court is satisfied, a judge will enter a default judgment and set the amount of compensation the defendant must pay.

After a default judgment is entered, the plaintiff has options to enforce it. This may include placing liens on property, or requesting a sheriff to seize non-exempt assets. However, in Texas, strong debtor protection laws exist, such as the homestead exemption and personal property exemptions, which may limit what can actually be collected.

If a default judgment is entered against you as a defendant, it is crucial to speak with an experienced attorney as soon as possible. They can explain your options, which may include challenging the default judgment, negotiating with the plaintiff, or seeking other remedies under Texas law.