Full question:
I filed a law suit in small claims court and the defendant was properly served by the constable. The defendant has since passed away. And he never gave an answer to the law suite. Now-how do I file a motion to add his estate to the law suit?
- Category: Small Claims
- Date:
- State: Texas
Answer:
The process depends on the specific facts and local rules. If the defendant did not respond to the lawsuit, you may automatically win the case, resulting in a default judgment. This judgment would then be a claim against the defendant's estate in probate court. Alternatively, you can file a claim as a creditor in the estate's probate proceedings.
Small claims courts have varying rules, so it's essential to check with your local court clerk for the specific procedures. If the case is still active and no answer has been filed, you may need to file an amended complaint to add the estate as a party.
Remember, we cannot provide legal advice. It's advisable to consult a local attorney who can review your situation in detail. In Texas, for example, if a defendant fails to appear, the judge must enter a default judgment for the plaintiff (Tex. Gov't Code § 28.031). If the plaintiff does not appear, the judge may dismiss the case without prejudice.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.