What is a motion for default judgment?

A motion for default judgment is a request made to a court in Texas to enter a judgment in favor of a plaintiff in a civil case where the defendant has failed to respond to the complaint. The motion for default judgment is typically filed after the plaintiff has successfully served the defendant with the complaint, and the defendant has not responded within the time limit set by the Texas Rules of Civil Procedure. The motion will include a certificate of service showing that the defendant was properly served. When a motion for default judgment is filed, the judge will review the complaint in order to determine if the plaintiff is legally entitled to a judgment in their favor. If the judge believes that the plaintiff has a valid claim, they will enter a judgment for the requested relief. This will be binding on the defendant, even if they never responded to the complaint. Default judgments may also be awarded by an agreement between the two parties. This is known as a stipulated judgment and is typically used when the parties wish to avoid the expense and time of a trial. The court may also choose to set aside a default judgment if it appears that there are valid defenses to the claims or that the defendant was not properly served with the complaint. This will lead to the case being heard on the merits, which means that the defendant must actually contest the claims before the court will enter a judgment.

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What is a motion for default judgment?

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