What is a default judgment?

A default judgment is a court ruling that occurs when the defendant in a lawsuit fails to appear or defend themselves in court. In Texas, a default judgment is a civil court ruling that grants the plaintiff (the person filing the lawsuit) the right to collect the damages sought in the suit. When a defendant is served with a lawsuit, they are required to respond to the lawsuit in writing with the court within a set amount of time. If the defendant does not respond to the lawsuit within the allotted time period, they are considered to be in “default.” At this point, the plaintiff can move forward with the collection process without the defendant contesting the case. Once the plaintiff’s legal team has established that the defendant is in “default”, they will ask the judge for a default judgment. This is the judge’s ruling that grants the plaintiff the right to collect the damages that were stated in the lawsuit. In Texas, the defendant has the right to contest a default judgment by filing a “Motion to Set Aside Default Judgment.” If the defendant is successful in doing so, then the case will be brought back to court for trial. However, if the motion is denied then the court’s ruling will stand and the plaintiff will have the right to continue with the collection process.

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