Served in Texas? Don't Ignore It! Failing to Respond

Served in Texas? Don't Ignore It! The Dangers of Failing to Respond

Being "served" with a lawsuit in Texas can be a stressful and overwhelming experience. You might be tempted to put the documents in a drawer and hope the problem goes away. However, in the Texas legal system, ignoring a summons is one of the worst things you can do.

Failure to respond in a timely manner virtually guarantees you will lose the case and face potentially severe, life-altering consequences. Here is a breakdown of what happens if you don't respond to being served in a civil case in Texas.

The Most Immediate Threat: A Default Judgment

The most significant and immediate consequence of not filing an official "Answer" or other required legal response by the deadline is the risk of a Default Judgment.

What is a Default Judgment?

A default judgment is a final court order in favor of the party who sued you (the plaintiff) because you failed to participate in the lawsuit.

• The Court Assumes You've Given Up: By not responding, you forfeit your right to present your side of the story, contest the facts, or offer any legal defenses.
• The Plaintiff Wins Automatically: The court will generally accept the plaintiff's allegations as true and grant them the relief they requested in their original filing. This relief often includes the full amount of monetary damages, court costs, and sometimes the plaintiff's attorney's fees.
• It's a Final, Enforceable Order: A default judgment is not a temporary setback—it is a final court decision that allows the plaintiff to immediately begin collection efforts.

The Deadline is Crucial

In Texas, the deadline for filing an Answer depends on the court (e.g., Justice Court, County Court, District Court) and how you were served, but it is not a flexible date.

• District and County Courts (Common Deadline): Typically, your written Answer is due by 10:00 a.m. on the Monday next following the expiration of twenty days from the date you were served.
• Eviction Cases (Justice Court): The deadline is often much shorter, sometimes 7 to 10 days, and will be stated on your citation (the notice attached to the petition).

If you are served, consult the documents immediately and mark the deadline on your calendar. When in doubt, it is always best to file your Answer as soon as possible.

The Real-World Consequences of a Default Judgment

A default judgment is more than just a piece of paper; it has tangible, negative effects on your financial and personal life.

1. Financial Ruin and Collection Efforts:
   • Wage Garnishment: While Texas protects most wages from garnishment, there are exceptions (e.g., child support, student loans, and federal debts).
   • Bank Account Seizure (Levy): A judgment creditor can freeze your non-exempt bank accounts and take funds to satisfy the debt.
   • Property Liens: The judgment creditor can file an Abstract of Judgment, which places a lien on any non-exempt real property you own (like a house). This must be satisfied before you can sell or refinance the property.
   • Seizure of Assets: The plaintiff may be able to seize non-exempt personal property to satisfy the judgment.
2. Damage to Your Credit Score: A court judgment is public record and will appear on your credit report, making it difficult to secure loans, rent an apartment, or even get certain jobs.
3. Loss of Opportunity to Defend: You lose the chance to show that the plaintiff's claims are false, that you have a valid legal defense, or that the amount they are asking for is incorrect or inflated.
4. Increased Debt: The amount of the judgment will typically include the original debt, plus all interest, court filing fees, and other costs incurred by the plaintiff, making the final amount much larger than the initial claim.

Is There Any Way to Fix It? (The Motion to Set Aside)

If a default judgment has already been signed against you, all is not lost, but your options are limited and the process is challenging.

You may be able to file a Motion to Set Aside Default Judgment (also known as a Motion for New Trial), but you must act very quickly—typically within 30 days of the judge signing the judgment (or 14 days in Justice Court).

To successfully set aside a default judgment, you generally must meet three requirements (known as the Craddock test in Texas):

1. Excusable Mistake: Prove that your failure to file an Answer or appear was not intentional or due to conscious indifference, but rather the result of an accident or mistake (e.g., a serious emergency, or genuinely not receiving the paperwork).
2. Meritorious Defense: Show the court that you have a good defense to the plaintiff's lawsuit that, if proven, would result in a different outcome.
3. No Delay or Harm: Show that setting aside the judgment will not cause undue delay or prejudice the plaintiff.

Filing this motion is a complex legal matter that is best handled by an attorney.

Resources for Further Assistance

If you have been served with a lawsuit, do not delay. Your first call should be to an attorney. If you cannot afford legal representation, there are resources available in Texas to assist with civil legal matters:

Disclaimer: This blog post provides general information about the legal process in Texas and should not be considered legal advice. The laws are complex and change frequently. If you have been served with a lawsuit, you should consult with a qualified attorney in your area immediately to discuss the specifics of your case and your deadlines.