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Relief from Texas judgment?

Date: Thu, 03/05/2009 - 06:52

Submitted by tomwfox
on Thu, 03/05/2009 - 06:52

Posts: 15 Credits: [Donate]

Total Replies: 8


Been researching this process: How to apply for relief from a Texas default judgment, and they don't make it easy to find or understand.

Is there anyone with a clue as to what the process is?

I've already looked on Bud Hibbs' site.


Peace,

Tom Fox - Louisville, Kentucky
Law Fox - The Learning Curve - Boring Details


Like Federal Rules of Civil Procedure 60(b) - Relief from Judgment, which has been copied by a majority of states. Texas does its own thing, of course, and it isn't quite clear to me how Texas Courts work the same process.

Most states have something very similar to F.R.C.P. 60(b), which is the mechanism used to set aside a default judgment.

How is it done in Texas, I wonder?

Peace,

Tom Fox - Louisville, Kentucky

Law Fox - The Learning Curve - Boring Details


lrhall41

Submitted by tomwfox on Thu, 03/05/2009 - 13:26

( Posts: 15 | Credits: )


"On what grounds? Texas uses the Civil Practices and Remedies. If you were improperly served or sued in the wrong venue, you have 1 year to file a Motion to Vacate."

The Texas Civil Practice and Remedies Code is one thing and the Texas Rules of Civil Procedure is a totally different thing.

I'd like to know, specifically, what Texas Code section you are relying upon. I can't find it.

Peace,

Tom Fox - Louisville, Kentucky
Law Fox - The Learning Curve - Boring Details


lrhall41

Submitted by tomwfox on Thu, 03/05/2009 - 14:44

( Posts: 15 | Credits: )


Texas RCP is called the Texas Civil Practices and Remedies. Guess I'm not understanding what you are trying to accomplish. Have you been sued, did not answer the summons, and a default judgement was entered in against you? If so, why did you not respond? What grounds to you feel the judgement should be vacated?


lrhall41

Submitted by NASCAR_Devil on Fri, 03/06/2009 - 03:52

( Posts: 4671 | Credits: )