A default judgment is a process that results in a judgment (court order) against a defendant who fails to answer or respond to a civil lawsuit. By failing to file an answer with the court (defaulting), such a defendant admits all of the allegations made by the plaintiff against the defendant.
A default judgment is usually granted when a defendant fails to answer a lawsuit (a no-answer default) but may also be granted by the court when a defendant who has answered a lawsuit fails to appear for trial (a post-answer default).
A defendant who has a default judgment entered against it said to “have suffered a default judgment” and usually has a short period of time in which to file a motion for new trial and seek to have the default judgment overturned.
There are some defendants who may be exempt from a default judgment, such as active United States military service members, under the federal statute known as the Servicemembers Civil Relief Act (SCRA), located beginning at 50 U.S.C. §3901. Most states have statutes (laws) that provide similar protections for state National Guard members. These laws often also protect active service members against evictions, foreclosure proceedings, life insurance payments, and other obligations that may be suspended during a service member’s active duty.
In Texas, a default judgment occurs when a defendant does not respond to a civil lawsuit, effectively admitting to the plaintiff's allegations by their inaction. This can happen if the defendant fails to file an answer to the lawsuit (no-answer default) or fails to appear for trial after answering (post-answer default). After a default judgment is entered, the defendant typically has a limited time to file a motion for a new trial to attempt to overturn the judgment. However, certain individuals, such as active U.S. military service members, are protected from default judgments under the federal Servicemembers Civil Relief Act (SCRA), which starts at 50 U.S.C. §3901. Texas state law also provides similar protections for state National Guard members, and the SCRA offers broader protections against various civil obligations during active duty.
