Texas Motion to Vacate Judgment, Quash Subpoena Duces Tecum, Dismiss Writ of Garnishment, and for Leave to File an Answer to Complaint

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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;

" the presence of material issues of fact;

" the presence of a meritorious defense to the claim;

" the significance of the interests at stake, including, but not limited to, the amount of money involved;

" whether the failure to answer was intentional or willful or the result of conscious indifference;

" whether party or counsel bears responsibility for default; and

" the availability of less drastic sanctions.

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FAQ

If you want to stop wage garnishment once and for all, filing for bankruptcy is your best option in Texas.

A debt collector cannot take money from your bank account without authorization. However, you may not receive notification of bank levies until after your account has been frozen. Therefore, contacting a tax attorney as soon as you receive notification of debt is vital.

A motion to quash service in Texas argues a defect in the citation issued by the court. If allowed, the judge must dismiss the current lawsuit. However, the plaintiff could file a new case or ask the court for permission to issue a corrected citation.

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.

A motion to quash asks the court to confirm that you don't have to respond to a discovery request. You can file a motion to quash to challenge a discovery request.

Requesting a Writ of Garnishment Garnishment is a remedy that allows a judgment creditor to order a third party that holds or owes property to the debtor (e.g., a bank) to turn over any of that property in order to satisfy the judgment.

To stop the garnishment quickly, inform both the garnishee and the creditor that you have filed for bankruptcy and provide them with the bankruptcy case number, filing date, and court location. You will be provided all of this information when you file for bankruptcy.

In Texas, wage garnishment is prohibited by the Texas Constitution except for a few kinds of debt: child support, spousal support, student loans, or unpaid taxes. A debt collector cannot garnish your wages for ordinary debts. However, Texas does allow for a bank account to be frozen.

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Texas Motion to Vacate Judgment, Quash Subpoena Duces Tecum, Dismiss Writ of Garnishment, and for Leave to File an Answer to Complaint