Sorry, but the response by HG is NOT correct.
In Texas (and most other states), you are supposed to file an answer to the summons/complaint within the time provided. If you don't, the plaintiff COULD file a motion for Summary Judgment (but you will also receive THAT notice).
In either case (motion for Summary or not), after the expiration of the allotted time, if you have failed to respond, the plaintiff will request a hearing date (and you will be noticed of THAT).
You can appear at the specified time/date for the hearing and your 'failure to answer' is waived as your presence does that and the hearing goes forward.
However, if you don't show on the hearing date.... THEN, the judge (if 'professional') will ask the plaintiff to present and support their: claim, amount of damages, and proof of notice to defendant.
If the plaintiff meets all three, the court will award a default judgment against you.
lenoratown said:
What are the penalties for a default ruling?
The only 'penalty' you have is the default judgment itself. There are no sanctions, fees, costs, etc. awarded for your failing to answer.
The court has commanded that I return a written answer within the next 10 days (5 days left) or I will have a default judgment. I am really at a loss on how to go about this suit. thanks
Very simple. Since this is Small Claims court, the rules are relaxed and informal. Simply respond with a 'general denial' of all claims and ask the court to notify you of the trial date, and sign it. Do NOT elaborate as your answer may tell the other side what your 'defense' is. Also, the court will NOT dismiss their suit based on your answers, so there is NO benefit in giving a long drawn out 'explanation'. Send a copy of the letter to the plaintiff.... and deliver one to the court.
I also STRONGLY suggest you purchase or borrow a book titled "How to Win in Small Claims court in Texas". Though it is written for the plaintiff.... you will learn a lot about how the system works so that you will be better prepared.
