In most Texas lawsuits, the threshold for defining a Defendant's "Answer" is pretty low. In fact, just about any responsive writing typically constitutes an "Answer" that prevents a Plaintiff from obtaining a Default Judgment. See Santex Roofing Sheet Metal, Inc. v. Venture Steel, Inc., 737 S.W.2d 55, 56-57 (Tex.App.—San Antonio 1987, no writ) ("Texas courts have always been reluctant to uphold a default judgment without notice where some response from the defendant is found in the record"); See also, Terehkov v. Cruz, 648 S.W.2d 441, 442 (Tex.App.—San Antonio 1983, no writ) (signed letters to clerk timely acknowledging receipt of citation sufficed as "pro se answer" to prevent default judgment). Stated simply, just about any time that a Defendant in a Texas lawsuit timely files a signed letter that identifies the parties, the case, and the defendant's current address, he has sufficiently appeared by "answer," and is not subject to a default judgment.
Evictions cases, however, are non-typical, and the standard for obtaining a Default Judgment in an eviction appeal to the County Court at Law is, arguably, diminished by operation of Texas Rule of Civil Procedure 510, which "applies to a lawsuit to recover possession of real property under Chapter 24 of the Texas
Property Code." See Tex.R.Civ.P. 510.1.
All eviction cases in Texas originate in the Justice Court. Rule 510.6 governs the Defendant's Answer in the Justice Court, and provides:
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The defendant must appear for trial on the day set for trial in the
citation. The defendant may, but is not required to, file a written answer with the court on
or before the day set for trial in the citation.
Thus, no pre-trial default judgment is available in the Justice Court because a Defendant need not file a written answer before the trial date. Stated differently, there is no "Answer Day" in Justice Court other than the date of trial. As such, most Defendants in eviction cases do not file written answers, and there is no immediate consequence to such decision.
However, once a Judgment of Eviction is appealed to the County Court, the rules of the game change, and Rule 510.12 governs the effect of failure to file a written Answer. This Rule provides:
An eviction case appealed to county court will be subject to trial at any time after the expiration of 8 days after the date the transcript is filed in the county court. If the defendant has filed a written answer in the justice court, it must be taken to constitute his appearance and answer in the county court and may be amended as in other cases. If the defendant made no answer in writing in the justice court and fails to file a written answer within 8 days after the transcript is filed in the county court, the allegations of the complaint may be taken as admitted and judgment by default may be entered accordingly.
As stated above, most Defendants do not file written Answers in Justice Court. Failure to file such an Answer, coupled with failure to timely file a written Answer in the County Court at Law places a Defendant in default under Rule 510.12 -- even if that Defendant has filed a "Notice of Appeal," "Pauper's Affidavit" or other responsive pleading associated with perfecting the appeal from Justice Court to County Court.
In my experience, County Court judges will grant a Plaintiff/Landlord's Motion for Default Judgment based upon such failure to file a written Answer, notwithstanding a Defendant's technical "appearance" in the case by filing the appeal.
**See also Judgment Nihil Dicit, which is the subject of another post on this blog**
