Sample Motion To Set Aside Default Judgment With Texas
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How to fill out Motion To Set Aside Entry Of Default And Default Judgment?
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FAQ
The plaintiff has to provide an affidavit of the material facts, proof the defendant was served, and proof of damages. The plaintiff also provides a draft order for default judgment for the court to sign. This motion is served upon the defendant, even though they did not respond to the original lawsuit.
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.
Note: If you are asking the judge to set aside the default judgment due to accident or mistake, you must also show that you have a good defense to the case (a good reason the judge should rule in your favor) and that canceling the default judgment will not cause delay or harm to the other side.
To have the default judgment set aside the defendant must show the court that: ????there is a good reason why they did not file a defence within 28 days. they have a bona fide (genuine) defence. they applied to set aside default judgment as soon as they became aware of it.
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.