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A motion to set aside a default judgment is an ?independent action?, which means the judge's decision granting or denying the motion must be entered as a separate judgment. The parties then generally have thirty days from the date on which that judgment is entered to appeal it.
You have longer to file a Motion to Set Aside Default Judgment, but there is no guarantee that the judge will grant you a new hearing. You do not have the right to set aside the default judgment. You may both appeal and move to set aside the default judgment.
REMEMBER: As the Petitioner, you are responsible for moving the case to the end. To do this, you may file a Motion for Default with the clerk of court. This means that you may proceed with your case and set a final hearing, and a judge will make a decision, even if the other party will not cooperate.
Do Judgments Expire in Texas? Judgments awarded in Texas to a non-government creditor are generally valid for ten years but they can be renewed for longer. If a judgment is not renewed, it will become dormant.
(d)Notice. The plaintiff requesting a default judgment must provide to the clerk in writing the last known mailing address of the defendant at or before the time the judgment is signed.
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.
To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.
The court must set aside a default judgment if you: have paid the whole amount owed (including any interest and costs) before the date the creditor entered judgment; sent back the acknowledgment of service form within the time limit; put in a defence within the time limit; or.