Petition To Set Aside Compromise And Release In Bexar
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FAQ
The Writ of Possession allows for the possession of the property, after a deputy has posted written notice notifying the tenant a writ has been issued. By law, we are required to give a minimum of 24 hours notice before enforcing the writ.
A petition to set aside an order approving compromise and release is, in effect, a petition to reopen. It requires a showing of good cause. It is not uncommon that one party alleges "mutual mistake," while the other party asserts the mistake was unilateral. This is ultimately decided by the trier of fact.
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. See Texas Rule of Civil Procedure 505.3.
(a) A person against whom a suit is pending who does not receive a written request for a correction, clarification, or retraction, as required by Section 73.055, may file a plea in abatement not later than the 30th day after the date the person files an original answer in the court in which the suit is pending.
A motion to dismiss must state that it is made pursuant to this rule, must identify each cause of action to which it is addressed, and must state specifically the reasons the cause of action has no basis in law, no basis in fact, or both. 91a. 3 Time for Motion and Ruling.
P. 31. No surety shall be sued unless his principal is joined with him, or unless a judgment has previously been rendered against his principal, except in cases otherwise provided for in the law and these rules.
No default judgment shall be granted in any cause until the citation, with the officer's return thereon, shall have been on file with the clerk of the court ten days, exclusive of the day of filing and the day of judgment. Source: Arts. 2034, 2036.
Under Texas law, there is a waiting period of at least 60 days—counted beginning the day after the Petition is filed—before a divorce can be finalized. A divorce can take longer than 60 days, but it cannot be finalized in fewer than 60 days unless one of two exceptions involving family violence applies.