Motion For Default Judgment In Texas
Description
How to fill out Motion To Set Aside Entry Of Default And Default Judgment?
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FAQ
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.
If a judgment is entered against you, a debt collector will have stronger tools, like garnishment, to collect the debt. A judgment is an official result of a lawsuit in court. In debt collection lawsuits, the judge may award the creditor or debt collector a judgment against you.
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.
Under Texas law (Texas Family Code § 157.115), a court may render a default judgment in a divorce case if the party in question has been properly served and he or she fails to appear in court or otherwise properly respond to the divorce petition.
Rule 508.3 - Default Judgment (a)Generally. If the defendant does not file an answer to a claim by the answer date or otherwise appear in the case, the judge must promptly render a default judgment upon the plaintiff's proof of the amount of damages.