What is a default judgment in small claims?
A default judgment is entered against a defendant who fails to respond or appear after being properly served. In many states small claims default happens when the defendant does not show up at the hearing; in others, such as Texas, the defendant must file a written answer within a set time or risk default.
How long does a defendant have to answer?
It depends on the court. Many small claims courts do not require a written answer at all — the defendant simply appears at the scheduled hearing. Texas justice courts require a written answer by the end of the 14th day after service. Always check your court's specific rule.
Do I still have to prove my case on a default?
Often yes. Even when the defendant defaults, the judge may require you to prove your claim and damages. For a sum-certain claim like an unpaid invoice the proof is simple; for damages that must be assessed, bring receipts, estimates, photos, and witnesses.
Can a default judgment be vacated?
Yes. A defendant can file a motion to vacate or set aside a default judgment, typically by showing good cause — such as improper service or a valid excuse for not appearing — and acting within the time limit. Courts frequently set aside defaults so cases can be decided on the merits.