Texas Motion For Default Judgment Sample For Set Aside
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How to fill out Texas Motion For Default Judgment?
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FAQ
Generally, a Motion to Set Aside a Default Judgment and Notice of Hearing must be filed within 30 days of the date the default judgment was signed by the judge. Lastly, if you were served notice of the default judgment by publication, you have two years from the date of the default judgment to ask for a new trial.
The process for setting aside default judgment You will need to make an application to the court regardless of whether consent is obtained, but seeking consent may mean that the claimant does not oppose the application, potentially reducing the costs of the application.
You must file a Motion to Set Aside Default Judgment and Notice of Hearing within 30 days of the date the default judgment was signed by the judge. See Texas Rule of Civil Procedure 329(b). In Justice Court, the deadline is 14 days.
A Motion to Set Aside Default Judgment asks the court to take back a judgment because one party failed to show up to the scheduled hearing. You can use the motion for an eviction hearing or any other court action during the eviction process in which a party was not present and the court made a ruling.
The process for setting aside default judgment You will need to make an application to the court regardless of whether consent is obtained, but seeking consent may mean that the claimant does not oppose the application, potentially reducing the costs of the application.