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Texas Motion to Set Aside Entry of Default and Default Judgment

Category:
Civil Procedure - Default
State:
Multi-State
Control #:
US-01704BG
Format:
Word; 
Rich Text
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Description

In deciding whether to set aside a default judgment, courts seek to balance two competing interests: (1) the need to promote judicial economy; and (2) the need to preserve an individual's right to defend on the merits. Therefore, in addition to the requirement that defendant show that the judgment was entered through excusable neglect or another statutory ground, the court will consider a variety of factors, including:


the nature and extent of the prejudice which may be suffered by the non-defaulting party if the default is set aside;
2. the presence of material issues of fact;
3. the presence of a meritorious defense to the claim;
4. the significance of the interests at stake, including, but not limited to, the amount of money involved;
5. whether the failure to answer was intentional or willful or the result of conscious indifference;
6. whether party or counsel bears responsibility for default; and the availability of less drastic sanctions.

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FAQ

Rule 195.1. Permissible Discovery Tools (2021) 195.1 . A party may obtain information concerning testifying expert witnesses only through a disclosure under Rule 194 and this rule and through depositions and reports as permitted by this rule.

When a petition is filed with a justice court to initiate a suit, the clerk must promptly issue a citation and deliver the citation as directed by the plaintiff The plaintiff is responsible for obtaining service on the defendant of the citation and a copy of the petition with any documents filed with the petition.

Rule 505.1 - Judgment (a)Judgment Upon Jury Verdict. Where a jury has returned a verdict, the judge must announce the verdict in open court, note it in the court's docket, and render judgment ingly.

Rule 503.1 - If Defendant Fails to Answer (a)Default Judgment. If the defendant fails to file an answer by the date stated in Rule 502.5, the judge must ensure that service was proper, and may hold a hearing for this purpose.

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.

RULE 508.3. 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.

Rule 505.3 - Motion to Set Aside; Motion to Reinstate; Motion for New Trial (a)Motion to Reinstate after Dismissal. A plaintiff whose case is dismissed may file a motion to reinstate the case no later than 14 days after the dismissal order is signed.

The amount of damages is established by evidence: (A) that the account or loan was issued to the defendant and the defendant is obligated to pay it; (B) that the account was closed or the defendant breached the terms of the account or loan agreement; (C) of the amount due on the account or loan as of a date certain ...

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