What is a default judgment in a Texas car accident case?

If you are the defendant and fail to respond or appear, the plaintiff can request a default judgment. Under Texas Rule of Civil Procedure 239, the court can grant what the plaintiff asked for without your input, which can make you responsible for damages, medical expenses, and other costs.

How long do I have to set aside a default judgment in Texas?

Under Texas Rule of Civil Procedure 329b, you generally have 30 days from the date the default judgment is signed to file a motion for new trial or to set it aside, and only 14 days in Justice Court. If that window passes, the judgment becomes final and the plaintiff can begin enforcement such as wage garnishment or property liens.

Can a default judgment be undone if I never knew about the lawsuit?

Possibly. Texas courts apply the Craddock standard, which requires showing that your failure to appear was not intentional or the result of conscious indifference, that you have a meritorious defense, and that a new trial would not unduly harm the other side. If you were never properly served and genuinely did not know about the lawsuit, a judgment entered without proper service can be challenged as void, without the usual 30-day limit.

What should I do if I can't attend my court date?

Notify the court as soon as you realize you can't make your scheduled appearance, and contact the court clerk or your attorney. You or your attorney can file for a continuance to reschedule, supported by valid documentation such as medical records or proof of an unavoidable commitment. Seeking legal counsel promptly helps protect your rights and can reduce potential penalties.