You got served with a lawsuit a while back, and you haven’t filed an answer yet. Or maybe you never even knew about the lawsuit and first found out about it after your answer was already late.
Either way, you’re wondering: “What happens if I don’t (or if I didn’t) file my answer on time?” Our Katy debt relief attorney has your answers.
You might get a default judgment
If your answer is past due, you could get a default judgment at any time.
Usually, the creditor files what is called a “motion for default judgment,” asking that the court enter a default judgment against you. Legally, the creditor can file the motion one day after your answer is due, but creditors usually wait a couple of weeks to a couple of months after the answer is past due before they file the motion.
In some courts, however, the judge monitors the docket independently and simply enters a default judgment if you don’t file your answer on time.
It is OK to file your answer late, as long you file it before they get a default judgment against you.
As long as you file your answer before the creditor gets a default judgment against you, you’re fine. Your answer counts, even though it is late, and you can still fight your lawsuit.
If there are discovery requests attached to the petition, those have a different deadline (50 days from the date of service). If you miss that deadline, you could concede your case. But that’s a different issue.
If your answer is past due, and you are wondering if the creditor already has a default judgment against you, call us or fill out the contact box below. We’ll look up your case for you, for free, and let you know.
What to do if you have a default judgment
If you already have a default judgment against you, you may be able to re-open the lawsuit or appeal the judgment or do a bill of review, depending on your circumstances and how long ago the judgment was entered. If your judgment cannot be set aside, we can help you settle it for a reduced amount.
Call for a free consultation
Give us a call at 844.334.4566 or fill out the contact form. We will look up your lawsuit for you, tell you where it stands, and tell you what your options are. The consultation is free, and there is no obligation.