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Most importantly, a default judgment is binding on both parties. Plaintiffs must make a request before the court will grant a motion for default judgment in Texas. Grounds for granting a motion for default judgment in Texas exist if a defendant fails to respond to the lawsuit and make an appearance in the matter. Default judgments are decisions made by the court against the defendant. As a rule, when the defendant fails to respond, the plaintiff may file a motion for a default judgment. Issues arise when a defendant fails to file a timely response to the civil complaint. What Is a Motion for Default Judgment in Texas? Texas procedural rules require the defendant to file a response within twenty days from the date of service of the initial complaint and summons. Lastly, upon service with notice of the complaint and summons, the defendant must respond.
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However, this requires permission from the court. In those situations, publishing the summons and complaint in a legal newspaper satisfies notice requirements. But the plaintiff may be unable to serve the defendant. Service is usually done personally by a process server. Second, the plaintiff must serve the complaint and summons on the defendant. A summons is the official notice of the lawsuit. In addition to the complaint, the plaintiff must file a summons. The complaint also identifies the defendant. The complaint describes what the plaintiff wants. Completion of specific requirements must be satisfied by a plaintiff before a motion for default judgment is entered against the defendant.įirst, to start a civil case in Texas, the plaintiff, or the suing party, files a complaint in Texas civil court against the defendant, or the sued party. Schedule a consultation with Wood Edwards LLP today to discuss your options.īook a Consultation What Is a Default Judgment in Texas?Ī default judgment in Texas is a judgment made in civil court due to a defendant’s failure to respond to a plaintiff’s lawsuit against them. Are you dealing with a default judgement against you?