How do I obtain a default judgment in a small claims court case?
In Texas, obtaining a Default Judgment in a Small Claims Court case is a process that requires the plaintiff (the person filing the claim) to follow certain steps. First, the plaintiff must properly serve the defendant with a citation of the claim, which will provide the defendant with the details of the claim and the date, time, and place of the hearing. The citation must be served within 60 days of the filing of the claim. Second, if the defendant does not answer the claim, the plaintiff must file an affidavit of proof of service. This affidavit must include a statement that the defendant was served with the citation and that they failed to answer the claim. Third, the plaintiff must file a motion for default judgment. The motion must include a statement that the defendant was served with the claim and failed to answer it. Fourth, the court must hold a hearing to consider the default judgment. The plaintiff must provide evidence that the defendant was properly served with the claim and that the defendant failed to answer the claim. The judge will then decide whether to grant the default judgment. Finally, if the judge decides to grant the default judgment, the plaintiff must file an affidavit of judgment and the court will enter a court order outlining the terms of the judgment. Once all of these steps are completed, the plaintiff will obtain the default judgment from the Small Claims Court in Texas.
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