Legal Question in Civil Litigation in Texas

Re: What happens if Defendant fails to respond to court

You can move for a default judgment if they haven't made answer. The court will have you come and put on testimony as to the amount owed, and render judment for you.

You can move any time after the answer date; that date is the first Monday after ten days from the date the citation was served on the defendant.

Re: What happens if Defendant fails to respond to court

If the Defendant does not file an answer or show up in Court on the trial date, you will be able to get a Default Judgment against him. If you present the proper paperwork to the Court after the answer date is passed, you can go ahead and get the judgment; otherwise, just wait until the trial date.

Re: What happens if Defendant fails to respond to court

A default judgment might be obtained after the answer date passes by preparing a default judgment form (look in your local county law library or have a lawyer draft one for you) and requesting the court to grant a default judgment. You should also submit a certificate of last known address. When the court grants the judgment, have the judgment "abstracted" and file the abstract in the county where the Defendant lives and in any county where the Defendant may own real estate. Then, you may wish to have a "writ of execution" issued against the Defendant (ask the clerk) and take the writ to the constable or sheriff and ask them to execute on the nonexempt property of the judgment debtor, if you know where any of that property may be found. Property exempt from judgment may be found in the, of all places, Property Code (see links at my website). If you need a writ of garnishment to attach money in the bank or a turnover order to reach other assets, you are going to need a lawyer. However, if the other party is in business and has a cash register, the Sheriff should be able to give you some help at least.

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