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NOTE: The clerk's entry of default indicates only that the clerk's office has verified that proof of service is on file and that no responsive pleading was filed. If the presiding judge disagrees with the clerk's assessment, the judge may vacate the clerk's entry of default.
Generally, a Motion to Set Aside a Default Judgment and Notice of Hearing must be filed within 30 days of the date the default judgment was signed by the judge. Lastly, if you were served notice of the default judgment by publication, you have two years from the date of the default judgment to ask for a new trial.
An abstract of judgment permits the plaintiff to acquire judgment liens on your real and personal property. A writ of execution permits law enforcement authorities to repossess your property. Default judgments also authorize plaintiffs to garnish your wages or attach your bank accounts to the judgment.
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.
192.7 Definitions. (a)Written discovery means required disclosures, requests for disclosure in suits governed by the Family Code, requests for production and inspection of documents and tangible things, requests for entry onto property, interrogatories, and requests for admission.