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This motion is served upon the defendant, even though they did not respond to the original lawsuit.
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The plaintiff also provides a draft order for default judgment for the court to sign. The plaintiff has to provide an affidavit of the material facts, proof the defendant was served, and proof of damages. Usually, the plaintiff files a motion for default judgment if the defendant doesn’t respond or fails to attend a hearing. Texas Rule of Civil Procedure 21 governs motions in general and permits a litigant to ask the court to grant a default judgment. What Is a Motion for Default Judgment in Texas? With our lawyers, you get small firm attention, but with big firm results. The skilled default judgment lawyers at The Hunnicutt Law Group are here to help and answer all your questions. If a court has entered a default judgment against you and you don’t know what to do, there is still hope. Regardless of the reason, once a Texas court issues an order granting a motion for default judgment, the defendant may have a hard time setting aside the judgment. In other cases, the defendant may just choose to ignore the lawsuit.Īnother instance justifying a default judgment is when the defendant doesn’t attend a scheduled hearing. Sometimes there is a wrong address for the defendant. Some people don’t even realize that they’ve been sued, and the paperwork is sitting in a pile of unopened mail. In some cases, the defendant didn’t respond to the lawsuit because they did not know the plaintiff had filed a complaint. The judge will issue a decision indicating that the defendant is responsible to pay whatever damages the plaintiff is seeking. Basically, this allows the court to rule in favor of the plaintiff even without the need for a trial. If the defendant never responds, the plaintiff can file a motion for a default judgment. A default judgment in Texas occurs where a defendant in a lawsuit fails to respond in a timely manner.