Can I get default judgment if the Defendant fails to Answer my Amended Petition?
Brownsville, TX
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Posted 8 months ago in Litigation
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If Defendant in a civil suit answers the Original Petition, must he also answer any Amended Petition too? I filed suit pro se, realized I'd made mistakes on the Original, and filed 2 Amended Petitions. Defendant answered the Original between the first and second amendments, but ignored the amended ones. It's been well over the 20-day limit for all three, so can I get default judgment since the failure to answer means he accepts them as true?
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Answers (2)Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 8 months ago.
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In many states you may move to default based on the failure to answer. You should check the precise rules in your locale and follow them. You will have to give notice to the defendant of your intent to bring default motion seeking a judgment. Then, at the default hearing, it will be up to the judge to decide whether under the circumstances a default is warranted.
Because the defendant answered the original, at the default hearing the judge may allow the defendant some more time to answer the amended one, too. I hope this observation helps. NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. James Michael Young
This attorney is licensed in Texas.
Posted 8 months ago.
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In Texas, generally, a default is taken when a defendant never appears and answers a petition. Once the defendant appears and answers, the court will not enter a default. Often, a defendant in Texas court will answer amended petitions to assert particular defenses to newly asserted legal claims.
The above is not intended to be specifical legal advice. Please consult a lawyer for specific advice.
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