Vacate Default Judgment w/o an Attorney

C

Christiandad77

New Member
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
 
Christiandad77 said:
Can I get this judgment vacated without an attorney, and get a new trial?
Click to expand...

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?
 
army judge said:
How much was she awarded in the judgment? 40,000

What was the date on which the judgment was awarded? 3/9/2020

In what county did she litigate the matter? Grayson

Are you a resident of Texas?Yes

Did she bring the case in JP, Municipal, County, or District Court?
Click to expand...
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:
Christiandad77 said:
Family, but still Grayson County.

Thanks
Click to expand...


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.
 
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.
 
Christiandad77 said:
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.
Click to expand...


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.
 
army judge said:
As a general rule, the Texas rules of appellate procedure require 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.
Click to expand...

Thank you.
 
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.
 

Share this page

Get a free case review from a lawyer
Back
Top