Note: BCP Real Estate is not a law firm and its employees/owners are not acting as your attorneys. The information contained on this website is provided for educational and informational purposes only and should not be construed as legal advice on any subject matter.
A “default judgment” is a judgment entered against a defendant who fails to respond to a lawsuit. It’s the legal system’s answer to someone who was properly served but didn’t show up or file a response, and it’s one of the biggest risks of ignoring a tax suit.
Here’s how it arises. When you’re served with a citation, you’re given a limited time to respond to the case. If that deadline passes and you haven’t answered, the court can proceed without you. Because you didn’t contest anything, the court may grant the plaintiff what they asked for in their petition, entering a judgment by default. In a property tax suit, that can mean a judgment establishing the taxes owed and authorizing the property to be sold, all decided without your input.
The danger of a default judgment is precisely that it happens without your participation. Any questions you might have raised, any options you might have explored, any value you might have protected, none of that gets considered if you simply don’t respond. The case moves forward on the plaintiff’s terms because you weren’t there to offer yours.
For heirs, the default judgment is the clearest reason not to ignore legal papers. Even if you don’t want to keep the property, letting the case go to default means losing the chance to make a deliberate choice about it, including selling your share for value before a forced sale. Responding doesn’t have to mean a courtroom battle; it can simply mean acting within the deadline in whatever way fits your goals. The one approach that almost always turns out worst is doing nothing and letting a default judgment decide everything for you.
A couple of quick questions:
How does a default judgment happen? When a defendant who was properly served doesn’t respond within the deadline, the court can proceed without them and grant the plaintiff’s request, entering judgment by default.
Can I avoid one even if I don’t want the property? Yes. Acting within the deadline, even just to sell your share rather than fight, keeps you from losing your options to a default judgment. Doing nothing is what allows the case to be decided without you.
If you’re looking to remove yourself from a lawsuit and get paid for your interest, no cost to you, call or text us at (469) 708-8003 for an offer today.
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