Vacating a Judgment in Texas

In Texas there are several different ways to try and vacate a judgment.  The older the judgment, the harder it is to vacate.  If your judgment occurred in Justice Court then you only have 10 days to vacate the judgment before it becomes final.  Often the best way to vacate a judgment in Justice Court is to appeal the judgment within 10 days.

When you successfully appeal a justice court judgment to the county court, the original judgment is vacated.  However, appealing a Justice Court judgment requires you to post a bond or give security for the judgment.  Another option is to file an affidavit of inability within 5 days of the judgment to get around this bond roadblock.

If your judgment was rendered in County Court of District Court, you generally have 30 days to try and vacate the judgment.  The standard procedure is to file a motion for new trial within 30 days of the signing of the judgment.
If the time to appeal or file a motion for new trial has passed, you still have a few limited options.

When a judgment is rendered against you, the credit reporting agency actively seeks these records from the courts.  Thus, it will appear on your credit most likely because the credit reporting agencies found it.

Many consumers learn of a judgment for the first time by pulling their credit report.  To pull your credit report for free annually from each credit reporting agency please visit www.annualcreditreport.com 

If you discovered a judgment on your credit report that you didn’t know about then you may have grounds to file a Bill of Review in Texas.  A Bill of review is an aggressive way to attack the judgment.  Basically you are filing a lawsuit against the creditor to try and get the judgment vacated.  The primary grounds for a Bill of Review in Texas are that you were not properly served with process.

You should also be aware of what exactly a judgment creditor can do to you in Texas.  Please read my article on Judgment Liens in Texas for more information on some of the aggressive collection tactics that judgment creditors take.

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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