A default judgment is an automatic judgment resulting from a defendant’s failure to file an Answer or appear in court. If you received a default judgment for a debt that was put in your name through the actions of an abusive partner, you need to contact a lawyer right away. Depending on the court, there are strict deadlines—sometimes as short as 14 days—to try to undo the default judgment. See the List of Domestic Abuse and Legal Resources for a list of free and low-cost attorneys.
Also note that you may be judgment proof, which means that certain assets of yours are exempt from being taken as part of a judgment against you. Examples of the assets that can’t be taken because of a judgment are your homestead (a home you own and live in), a vehicle, household items and tools of your trade. In addition, the following types of income cannot be taken as part of a judgment against you:
- Social Security or Social Security Disability Income,
- Veteran’s benefits,
- Public assistance (welfare) benefits,
- Retirement benefits,
- Worker’s Compensation and vocational rehabilitation benefits,
- Unemployment benefits, and
- Court ordered child support and spousal support.
In most cases, your wages are exempt from debt collectors in Texas, though they could be garnished once they are deposited in a bank account.
Texas Appleseed’s toolkit My Debt Collection Rights has more information on what it means to be judgment proof and other debt collection rights you have in Texas. TexasLawHelp also has helpful information and resources.
