Setting Aside A Default Judgment In Texas

State:
Multi-State
Control #:
US-01704BG
Format:
Word; 
Rich Text
Instant download

Description

The document is a Motion to Set Aside Entry of Default and Default Judgment in Texas, designed for defendants who seek to reverse a court's decision due to a failure to respond initially. It outlines the necessary components, including identifying information about the court, plaintiff, and defendant, as well as specific dates related to the complaint and judgment. Key features include a clear statement of the grounds for the motion, such as mistake or excusable neglect, and an assertion that the defendant has a valid defense to the original complaint. Filling instructions entail entering the relevant names, dates, and the justification for setting aside the judgment. Target audiences, including attorneys, partners, owners, associates, paralegals, and legal assistants, will find this form utility in filing defense motions effectively, ensuring compliance with local procedural rules, and securing opportunities for clients to present their cases after a default judgment. This form emphasizes the importance of timely communication with the court and proper service to all parties involved.
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FAQ

Grounds to set aside a default judgment may exist if there was mistake, inadvertence, surprise, or excusable neglect.

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.

Do Judgments Expire in Texas? Judgments awarded in Texas to a non-government creditor are generally valid for ten years but they can be renewed for longer. If a judgment is not renewed, it will become dormant.

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.

Rule 508.3 - Default Judgment (a)Generally. If the defendant does not file an answer to a claim by the answer date or otherwise appear in the case, the judge must promptly render a default judgment upon the plaintiff's proof of the amount of damages.

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Setting Aside A Default Judgment In Texas