If I am being sued out of state for defamation and don’t respond to the lawsuit, can my property, wages etc be seized?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I am being sued out of state for defamation and don’t respond to the lawsuit, can my property, wages etc be seized?

If I lose or don’t respond to the summons can any of my property or wages in my home state be seized?

Asked on December 26, 2011 under Bankruptcy Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you don't file an answer to the complaint (the complaint is the lawsuit attached to the summons) with the court within the time set forth in the summons and serve your answer by mail on the opposing party, the opposing party will get a default judgment against you.  A judgment by default means  you will have lost the case.  In order to enforce the judgment, the opposing party could get a wage garnishment or place a lien on your property.

If a default judgment is entered against you, you will need to file a motion to set aside the default.  If the judge grants your motion to set aside the default, the case will then be back on track and litigation will continue.  You will need a valid reason why you didn't timely respond by filing an answer to the complaint and serving it by mail on the opposing party in order for the judge to grant your motion to set aside the default.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption