Legal Question in Civil Litigation in Texas
Default Judgement
The question pertains to a small claims court default judgement. The judgement, when it goes to court, most likely will be for the plaintiff for $1,024 because of the defendant's choice not to appear -- provided the penalties for not appearing in court don't subject the defendant to arrest or wage garnishment (the reason for this inquiry). In the event the defendant chooses not to appear in court, what penalties or actions can/will the judge assert? Also, what additional recourse does the plaintiff have to claim their moneys?
2 Answers from Attorneys
Re: Default Judgement
In a civil action, if the defendant does not appear, the penalty is default judgment. No warrants, etc. will be issued. After the judgment is granted, the plaintiff can take additional judicial steps to collect the judgment if the defendant has property subject to satisfaction of judgment.
Re: Default Judgement
If a party chooses not to show up in court for trial, a default judgment can be entered. In JP court, after 10 days from the date of the judgment, the other party can initiate other actions to recover on the judgment.
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