Default judgment texas plus#

If judgment is entered into after the plaintiff has failed to file a plea the costs order made is for taxed costs. If the defendant delivered a notice of intention to defend but failed to deliver a plea – the plaintiff may deliver a notice of Bar calling on the defendant to deliver a plea within five days hereof, failing which, the defendant will be barred from filing a plea and judgment may be entered into.

Default judgment texas plus#

The plaintiff may only claim the amount, not exceeding the amount claimed in summons, plus costs and interest as claimed in the summons.

The correct case number must be reflected.

Original summons, sheriffs return of service and documents on which cause of action is based, (if applicable) must accompany the request.

The plaintiff lodges a written request for default judgment if the defendant fails to file a notice of intention to defend within ten days.

Jurisdiction – either s 28 where defendant resides or works or consented to in terms of s 29.

Locus standi – right to institute action.

The following are the most important requirements for any action:

The defendant entered a defective entry of notice of intention to defend.The defendant failed to serve and file a notice of intention to defend timeously (see below).The defendant has not served and filed a notice of intention to defend.There are four instances where default judgment may be entered into: Judgment by default is covered under r 12 of the Magistrates’ Courts Rules. Where the defendant fails to defend an action, it is reasonable to suppose that the defendant is not disputing the claim or amount. Default judgment is a judgment entered against a party who has failed to defend a claim that has been brought by another party.