38. What is a default judgment?

After you are served with the State’s Petition, you only have a limited amount of time to file your Answer, or else you may lose the case by what is called a default judgment. You should file an Answer before 10:00 a.m. in the court where the Petition was filed on or before the first Monday after 20 days have passed since the Petition was served on you. For instance, if the Petition is served on you on Friday, March 1, you should file an Answer before 10:00 a.m. Monday, March 25 because that is the first Monday that occurs after 20 days have passed (on Thursday, March 21) since the Petition was served on you.

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The top of the Petition will say what district court the suit was filed in. If you do not respond to the State’s Petition by your deadline to file an Answer, the court will enter a judgment against your property. This is called a “default judgment.” 

Although it is sometimes possible to undo a default judgment, it is important to avoid a default judgment if you want your property back. The most common way property is forfeited to the State is that property owners do not file an Answer to the State’s suit for forfeiture, and the court enters a default judgment against the property.
 

The most common way property is forfeited to the State is that property owners do not file an Answer to the State’s suit for forfeiture, and the court enters a default judgment against the property.