Full question:
I recently discovered from a credit report that I have a judgment against me for $4211 in Travis County Court. I was never served and am not even sure what the judgment is for. How do I file to get the judgment set aside for lack of notice?
- Category: Civil Actions
- Subcategory: Default Judgment
- Date:
- State: Texas
Answer:
A default judgment can be entered against you if you fail to respond to a complaint within the required time. This means that if you were not properly served with notice of the lawsuit, you may not have had the chance to defend yourself, leading to a default judgment.
You can file a motion to vacate (set aside) the default judgment. To do this, you need a valid reason for not attending the initial hearing, such as lack of proper service or illness. Attach a supporting affidavit to your motion, and bring evidence to the hearing that explains why you could not attend court. This evidence could include a doctor's note, a hospital bill, or documentation showing your residence at the time the lawsuit was filed.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.