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Vacate Default Judgment w/o an Attorney

Discussion in 'Child Support' started by Christiandad77, Mar 12, 2020.

  1. Christiandad77

    Christiandad77 Law Topic Starter New Member

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    Jurisdiction:
    Texas
    My ex-wife served me for back child support on my 25 and 26 y/o kids. I live 2.5 hours away, so I wrote the judge a letter c/o the district clerk. I can prove that we settled the support with cash, back in 2011. I did not appear for the hearing (family court) and she was awarded the judgment. My son told me he thought he heard the judge say I had 15 days to respond so I'm not sure what that means. Can I get this judgment vacated without an attorney, and get a new trial? Thanks
     
  2. army judge

    army judge Super Moderator

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    How much was she awarded in the judgment?

    What was the date on which the judgment was awarded?

    In what county did she litigate the matter?

    Are you a resident of Texas?

    Did she bring the case in JP, Municipal, County, or District Court?
     
    Christiandad77 likes this.
  3. Christiandad77

    Christiandad77 Law Topic Starter New Member

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    Family, Grayson County

    Quick Edit: I was late sending the letter/evidence. It got there the Friday before the court date, which was the following Monday.
     
    Last edited: Mar 12, 2020
  4. army judge

    army judge Super Moderator

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    Would that be a District Court or County Court at Law?

    What is the value if the judgment?

    What date was the judgment awarded?

    I require EXACT answers to all questions to ensure you receive an appropriate response.

    Thank you.
     
  5. Christiandad77

    Christiandad77 Law Topic Starter New Member

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    Would that be a District Court or County Court at Law? District

    What is the value if the judgment? 40,746 @ 6% Interest

    What date was the judgment awarded? 3/09/2020

    I require EXACT answers to all questions to ensure you receive an appropriate response.

    Thank you.
     
  6. army judge

    army judge Super Moderator

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    As a general rule, the Texas rules of appellate procedure requires a notice of appeal to be filed within 30 days of a final judgment signed by the judge.

    The time is extended to 90 days after the final judgment was issued if a timely motion for new trial is filed.

    I refer you to the 30 day rule as indicated above.

    You'll find more details here:

    What is the process for an appeal in Texas and how long will it take? | ONDA Family Law

    Don't allow too much daylight to be wasted, mate.

    So far you've not harmed yourself.

    You might want to meet with two or three family law attorneys to see how the process varies in your county.

    The initial consultation is normally provided at no cost to a prospective client.

    Good luck.
     
  7. adjusterjack

    adjusterjack Super Moderator

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    Considering all the mistakes you've already made I'm going to go with no, you aren't going to get this vacated without an attorney.
     
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  8. Christiandad77

    Christiandad77 Law Topic Starter New Member

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    The petition said I could write the court. Was that a mistake? What mistakes other than not appearing.
     
  9. Christiandad77

    Christiandad77 Law Topic Starter New Member

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    Thank you.
     
  10. army judge

    army judge Super Moderator

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    You are most welcome.
     
  11. adjusterjack

    adjusterjack Super Moderator

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    That was a big mistake. That, and not showing up.

    You don't just "write to the judge," you file a proper response and serve a copy on your opponent and then you attend the hearing.

    Get yourself a lawyer.
     
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  12. justblue

    justblue Well-Known Member

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  13. Christiandad77

    Christiandad77 Law Topic Starter New Member

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    Ok...working on it now. Thank you. I did, however, copy the communication to my ex's atty.
     
  14. adjusterjack

    adjusterjack Super Moderator

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    He knew it was improper, ignored it, and went for the default judgment. I'm guessing the judge never even saw it.
     
  15. Christiandad77

    Christiandad77 Law Topic Starter New Member

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    My petition said I could write a letter to the court and file it with the district clerk. I asked the judge for dismissal. It was late, though. Really late.
     
  16. adjusterjack

    adjusterjack Super Moderator

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    This time hire a lawyer and get it right.
     
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