This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
Declaratory Judgment Form Texas Without A Lawyer In Oakland
Category:
State:
Multi-State
County:
Oakland
Control #:
US-000279
Format:
Word;
Rich Text
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FAQ
Generally, to file a judgment lien, an abstract of judgment must be issued by the justice court. Some justice courts have a form available on their website to request an abstract of judgment.
A judgment is an official result of a lawsuit in court. If a debt collector sues you in court, the judge could award the creditor or debt collector a judgment against you.
A declaratory judgment is “a binding adjudication that establishes the rights and other legal relations of the parties without providing for or ordering enforcement.” (Black Law Dictionary, 11th ed.)
To bring a claim for declaratory judgment in a situation where a patent dispute may exist or develop, the claimant must establish that an actual controversy exists. If there is a substantial controversy of sufficient immediacy and reality, the court will generally proceed with the declaratory-judgment action.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
If you do not have any assets that are not exempt from seizure, such as your primary place of residence, household items, your car, and the tools of your trade, someone who has obtained a judgment against you may be unable to collect on it.
To bring a claim for declaratory judgment in a situation where a patent dispute may exist or develop, the claimant must establish that an actual controversy exists. If there is a substantial controversy of sufficient immediacy and reality, the court will generally proceed with the declaratory-judgment action.
A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty.
A declaratory judgment is a ruling of the court to clarify something (usually a contract provision) that is in dispute. A summary judgment is a ruling that a case or portion of a case must be dismissed because there are no triable issues of material fact in dispute.
Once the summary judgement is granted, the case ends there, and neither party will have to deal with the stresses of a full trial. At times, the winning party can ask for an award of costs or attorney fees from the other party unless those terms were already established in the summary judgment.
More info
In general, Texas has very few official legal forms. This is why you will not always find a free fill-in-the-blank form for your situation.You can obtain the form from the county clerk. If you are not a lawyer and are suing or have been sued, it is best to have or consult a lawyer if possible. Plaintiff insurance company filed suit for a declaratory judgment in Oakland County Circuit Court on September 13, 1966. Find Your Court Forms. Declaratory Judgments § 154, page 365. Trademark Assignability Laid Bare. Moreover, for federal question jurisdiction to extend to a declaratory judgment action, the claim itself must present a federal question. On March 8, 1965, at approximately 9 a.m.