Bill of Review in Texas

A Bill of Review in Texas is a good tool for attacking a judgment that was rendered against you without notice.  With a Bill of Review, you are filing a new lawsuit with a different case number and the goal is to generally try and vacate the judgment and get a new trial.

A Bill of Review in Texas is often the last resort.  You generally have four years to file the pleading from the date of the judgment as opposed to 10 or 30 days for other remedies.  As you might expect, to prevail on a Bill of Review, you will likely need some pretty good evidence that you never received any notice of the lawsuit.

Traditionally, a bill of review requires proof of three elements: (1) a meritorious defense, (2) that was not asserted due to fraud, accident, or wrongful act of an opponent or official mistake, (3) unmixed with any fault or negligence by the movant.

Prevailing on Bill of Review in Texas is not an easy task.  The first step is to pull the “return of citation” that is supposed to be filed with the court.  The return is usually completed by a process server or constable who testified about how you were served with the lawsuit.  A licensed attorney should inspect the return for any errors in form or substance.

Often times the consumer was not personally served but the court allowed “substituted service” under Texas Rule of Civil Procedure 106 whereby the lawsuit was left on the front door or with someone at the home pursuant to court order.  Substituted service is allowed and can pose a problem for a Bill of Review, provided you actually lived at the address where the papers were left.

If you have a judgment that was rendered against you, please contact the law firm of Weston Legal PLLC by calling, emailing, or completing the contact form on this page.  We offer flat fees and payment plans.

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