If an owner of an interest in real property has had a judgment obtained against him or her, this form addresses a release of that judgment lien.
If an owner of an interest in real property has had a judgment obtained against him or her, this form addresses a release of that judgment lien.
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What Happens After the Filing of a Motion for Default Judgment? After the motion for default judgment is filed and served upon the defendant, the defendant has an opportunity to respond. The defendant's response should state a valid reason why they didn't respond within the 20 day period to respond to complaints.
In Texas, this must be filed within 14 days of the judgment. Essentially, in a motion to vacate, you would be giving the Court a reason to set aside the judgment and keep the lawsuit active. If the Court thinks the reason you have given is a good one, the judgment will be vacated.
How to vacate your judgmentFill out a Notice of Motion to Vacate Judgment and Declaration (Small Claims) (Form SC-135 ).File it with the small claims court clerk.Pay the filing fee. If you cannot afford the fee, ask for a fee waiver.The clerk will give you a date for your hearing.
If a defendant does not pay a judgment, the plaintiff can try to enforce the judgment by filing another lawsuit. For example, if the defendant owns several cars, the plaintiff can sue to have the car transferred to the plaintiff.
A default judgment is usually final because it disposes of all parties and all claims with the intent to fully and finally resolve the disputed issues between the parties.