How Do I Add the Estate of a Deceased Defendant to a Small Claims Case in Texas?
Full Question:
Answer:
The answer will depend on all the facts and local rules involved. In many cases, when a defendant fails to file an answer (called making an appearance), the case is won automatically by the plaintiff and a default judgment is entered. In such a case, the judgment would be a claim against the estate in probate court. It is also possible to assert a claim as a creditor in the probate proceeding of the estate.
Small claims courts have rules of court that vary by court. We suggest calling the clerk of court to obtain a copy of the local court rules. Typically, if a case is still active and an answer has not yet been filed, an amended complaint may be filed to add a party or correct an improperly named party. We are prohibited from giving legal advice, as this service provides information of a general legal nature. We suggest you contact a local attorney who can review all the facts and documents involved.
Please see the following TX statute:
§ 28.031 GOV'T. Failure to Appear
(a) If a defendant who has been served with citation fails to appear at
the time and place specified in the citation, the judge shall enter a
default judgment for the plaintiff in the amount proved to be due. The
judge may set aside the default judgment if, not later than the 10th day
after the default judgment is signed, the defendant files with the court
a written motion showing good cause for setting aside the judgment.
(b) If the plaintiff does not appear, the judge may enter an order
dismissing the action without prejudice. The judge may set the case for
trial if, not later than the 10th day after the judge dismisses the
action, the plaintiff files with the court a written motion showing good
cause to set aside the dismissal.