Declaratory Judgment Form Texas Withholding In Wake
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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.
The plaintiff should make a written request for the clerk to enter a default judgment, and provide the clerk with an affidavit of the amount owed by the defendant and a proposed clerk's default judgment. Internal Procedures: All documents are forwarded to the docket clerk for processing within 24 hours.
33.004. DESIGNATION OF RESPONSIBLE THIRD PARTY. (a) A defendant may seek to designate a person as a responsible third party by filing a motion for leave to designate that person as a responsible third party.
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.)
37.006. PARTIES. (a) When declaratory relief is sought, all persons who have or claim any interest that would be affected by the declaration must be made parties. A declaration does not prejudice the rights of a person not a party to the proceeding.
Section 37.004 - Subject Matter of Relief (a) A person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise may have determined any question of construction or ...
A declaratory judgment is a final judgment entered by the court that adjudicates you as the owner of the vehicle. You need to name the prior owners in the lawsuit. And, you need to have them served. Of course, that's hard to do if you don't know where they live. But, you could even have them served via publication.
A plaintiff seeking declaratory relief must show that there is an actual controversy even though declaratory relief will not order enforceable action against the defendant. An actual controversy means there is a connection between the challenged conduct and injury, and redressability that the court could order.
