Finding out that a court has entered a judgment against you can be stressful. Finding out that it happened when you never had a chance to tell your side of the story can be even more upsetting.
Maybe the lawsuit was sent to an old address. Maybe you misunderstood the response deadline. Or perhaps you thought someone else was handling the matter and later discovered that nothing had been filed.
Whatever happened, a default judgment should not simply be ignored. Depending on the circumstances, Texas law may give you a way to ask the court to set it aside and reopen the case.
What Is a Default Judgment?
A default judgment is a judgment entered against a defendant who fails to respond to a lawsuit or fails to appear at a required hearing.
For example, imagine a small business owner who moves to a new office but does not update every business record. A lawsuit is served at the old address, so the owner never sees it. Weeks later, the owner discovers that a judgment has been entered against the business.
The judgment does not automatically disappear just because the owner did not know about the lawsuit. However, the way the lawsuit was served and the circumstances surrounding the missed response could be important.
Can a Default Judgment Be Set Aside?
In some situations, yes.
The court will want to know why you failed to respond and whether you have a legitimate reason for asking the court to reopen the case.
If you were never properly served with the lawsuit, that can be particularly important. Texas has specific rules governing service, and a failure to follow those rules may give you grounds to challenge the judgment.
There are also situations where a defendant received notice but failed to respond because of an accident or genuine mistake rather than deliberately ignoring the lawsuit.
In those cases, Texas courts generally consider whether:
- The failure to respond was not intentional or caused by conscious indifference.
- You have a legitimate defense to the underlying claim.
- Setting aside the judgment would not unfairly harm the other party.
So, simply telling the judge that you forgot about the case may not be enough. You may also need to show that you have a real defense and that reopening the case would be fair.
How Long Do You Have to Act?
This is one of the most important parts of a default judgment case.
In many Texas civil cases, a motion for new trial must generally be filed within 30 days after the judgment is signed. Different rules and deadlines may apply in Justice Court or when certain circumstances affect when you received notice of the judgment.
Once the ordinary deadline passes, other legal remedies may sometimes be available. However, they can be more complicated and may require a much stronger showing.
That is why waiting can be risky.
If you discover a default judgment against you, get a copy of the court records and speak with an attorney as soon as possible.
What Happens If the Judgment Is Set Aside?
Setting aside a default judgment does not mean you automatically win the lawsuit.
It simply allows you to defend yourself.
The underlying case can continue, allowing both sides to present evidence and arguments. The judge can then decide the dispute based on the facts rather than simply because one side failed to respond.
For someone who never had a meaningful opportunity to participate, that can make a significant difference.
What If You Never Received the Lawsuit?
Tell your attorney exactly what happened.
The court record may show that someone was served, but that does not necessarily end the inquiry. Your attorney can examine the service documents and determine whether the required legal procedures were actually followed.
This is especially important when papers were allegedly delivered to the wrong person, wrong address, or in a way that did not comply with Texas requirements.
Protect Your Rights With the Law Office of Udo Ezeamama
If you have discovered a default judgment against you or your business, do not assume that you have no options.
The Law Office of Udo Ezeamama can review the judgment, examine how the lawsuit was served, look at the relevant deadlines, and determine whether there may be a legal basis for asking the court to set the judgment aside.
Maybe you never received the lawsuit. Maybe a genuine mistake caused you to miss the deadline. Or perhaps you have a strong defense that the court has never had an opportunity to hear.
Whatever the reason, the sooner you have the situation reviewed, the better positioned you may be to protect your rights.
Contact the Law Office of Udo Ezeamama today to discuss your default judgment and learn what legal options may be available to you.
Final Thoughts on How to Set Aside a Default Judgment in Texas
A default judgment can make you feel as though the case is already over. But in some circumstances, Texas law gives defendants a way to ask the court for another opportunity to be heard.
The reason for the default matters. The way you were served matters. And, most importantly, the amount of time that has passed matters.
If you have recently discovered a default judgment, do not put it aside and deal with it later.
Have it reviewed promptly. You may have more options than you realize, but waiting too long can make those options much harder to pursue.