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

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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 9 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.


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