Q: I have filed a small claim against my ex for my dog and the money she owes me and she didn't respond in time.
I have filed a small claim against my ex for my dog and the money she owes me and she didn't respond to the complaint in time. So, I have submitted a form to set a motion for default judgment in San Antonio, Texas. The clerk at the court I am suing my ex has set up a court date for a default hearing. I, as a plaintiff, what do I have to prepare before the judge to obtain a default judgment against the defendant? Do I need to submit another form to ask for a default judgment? What happens at the default hearing? What kind of rights does the defendant have to defend herself when the person appears at the hearing?
This is not a divorce case but just a breakup and the hearing is going to happen in San Antonio, TX.
A:
At a default hearing, you need to present competent evidence of the damages you are seeking against your ex. This likely will include both oral testimony from you, and possibly other witnesses, and documentary evidence, which might include text messages and emails, establishing the amount of damages you are seeking.
If your ex shows up, you should be prepared to prove your entire case as she can orally answer at the time of her appearance denying your allegations against her.
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