Judgment by Default in Texas

In Texas you only have certain about of time to file a written answerto a lawsuit or a judgment by default is entered.  Many collection lawsuits result in default judgments because consumers fail to timely file an answer.

 (If you currently have a collection lawsuit filed against you, please visit our website dedicated solely to Texas credit card lawsuits: www.texascreditcardlawsuit.com).

If you received notice of a default judgment you should act immediately to try and vacate the judgment.  In County court and District court, you only have thirty (30) days from when the judgment is signed to ask the court for a motion for new trial.  If the judgment occurred in justice court you should file the motion for new trial or seek to appeal immediately and get a hearing within ten (10) days of when the judgment is signed.  After ten days the judgment is final in justice court.

If you are within the thirty day timeline you may be able to vacate the judgment even if you were properly served.  You will need to be able to show that your failure to file an answer was a mistake and not due to conscious indifference. You must also be able to show that you have defenses to the lawsuit and that vacating the judgment will not injure the Plaintiff.

Unfortunately many consumers were not properly served and find out about judgments months or years after the judgment.  If you were not served, you may be able to vacate the judgment by filing a Bill of Review.  This generally has to be filed within four (4) years of the judgment. 

To learn more about what judgment creditors can do in Texas, read my Judgment Liens in Texas article.

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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