Petition To Set Aside Compromise And Release In Dallas
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An attorney may withdraw from representing a party only upon written motion for good cause shown.
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.
The law generally requires service by hand delivery or by certified mail, return receipt requested.
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.
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.
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 ...
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.
A petition for approval of compromise of claim of minor or adult person with a disability is filed when parties have agreed to settle a claim of a minor or adult person with a disability. The law doesn't allow a minor or person with a disability to settle their own claim without an adult guardian.