What is a petition to set aside a compromise and release?

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.

US Legal Forms
Petition to Set Aside Conveyance of Cemetery

Petition To Set Aside Compromise And Release In Collin

Category:

Real Estate - Cemeteries

State:

Multi-State

County:

Collin

Control #:

US-000297

Format:

Instant download

Description

The Petition to Set Aside Compromise and Release in Collin is a legal document utilized by plaintiffs to contest prior property conveyances related to a perpetual care cemetery. This form allows concerned parties to request that a court nullify certain property transfers that may have been improperly executed, thereby protecting the cemetery's interests. It outlines the legal basis for such actions, describes the parties involved, and provides details about the property in question. Users must complete relevant sections with accurate information about plaintiffs, defendants, and property specifics to ensure clarity and legal validity. Filing this petition is particularly useful in cases where land has been transferred away from the cemetery's intended purpose, allowing for the restoration of rightful ownership. The targeted audience, including attorneys, partners, owners, associates, paralegals, and legal assistants, can benefit from using this form to facilitate property disputes effectively and provide clear guidance in legal proceedings regarding cemetery management and land use.

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FAQ

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.

The law generally requires service by hand delivery or by certified mail, return receipt requested.

Rule 106 - Method of Service (a) Unless the citation or court order otherwise directs, the citation must be served by: (1) delivering to the defendant, in person, a copy of the citation, showing the delivery date, and of the petition; or (2) mailing to the defendant by registered or certified mail, return receipt ...

Service by mail is another option, where the legal documents are sent directly to the defendant's address. In some cases, substituted service is used, where someone at the same residence or place of work accepts the documents on behalf of the defendant.

Texas Rule of Civil Procedure 106, the procedural rule that governs service, now provides that a Court may, in proper circumstances, permit service of citation electronically by social media, email, or other technology.

Abstract of Judgment: If the defendant owns real property (land), you can get an abstract of judgment from the court that issued the judgment and file it with the county clerk in the county or counties where the defendant owns the property.