☐ Step 4: Send a stamped copy of your application to the other side. Note: If you ask the judge to set aside the default judgment due to an accident or error, you must also prove that you have a good defense for the case (a good reason why the judge should rule in your favor) and that setting aside the default judgment does not cause delay or prejudice to the other party. Exception 3: If you were on active military service when the default judgment was signed by the judge, you have additional time. Talk to a lawyer about how to proceed. You can use Ask a Question to chat with a lawyer online. You must file an application to set aside the default judgment and hearing within 30 days of the date the default judgment was signed by the judge. See Texas Rules of Civil Procedure, Rules 329(b). Yes. A lawyer can review your forms and tell you if you have a good legal reason to ask the judge to set aside the default judgment. A lawyer can also help you prepare for your hearing. Fill out this form entirely in blue or black ink and sign it.
WARNING! If you do not file your application to set aside the default judgment within 30 days of the date of the default judgment, it is very important that you speak to a lawyer. Exception 2: If a publication has been served on you, you have two years from the date of the default judgment to request a new procedure. See Texas Rules of Civil Procedure, Rule 329. The article explains how to ask the judge to set aside (set aside) a default judgment rendered without you. WARNING: You must sign the application form or face perjury. This means that it is a crime to lie on the form. A “default judgment” is an order made without the defendant because: Exception 1: If you first became aware of the default judgment more than 20 days after it was signed by the judge, your 30-day period for filing the application to set aside the default judgment begins on the day you received notice of the default judgment from the clerk or on the day: when you have actually read the default judgment (whichever comes first). But even if this exception applies, your 30-day period for filing the application to set aside the default judgment cannot begin more than 90 days after the date the judge signs the default judgment. You can therefore request the annulment of the default judgment no later than 120 days after the date on which the default judgment was signed by the judge. See Texas Rules of Civil Procedure, Rules 306(a)(4). Be prepared to explain to the judge why the default judgment should be set aside. Provide proof that you have sent the application to set aside the default judgment and the notice of hearing to the other party.
Submit the application for annulment of the judgment in absentia for signature by the judge. Keep in mind that the judge may or may not overturn the default judgment. Submit your completed form for the annulment of the default judgment and notice of hearing to the Clerk`s office and receive a copy with a file stamp for you and the other party. . Read the law here: Texas Rules of Civil Procedure, Rules 306(a)(4); 320–329. . Call the clerk`s office and inform them that you want to schedule a hearing on an application to set aside the default judgment. The clerk will give you the date and time of the hearing.
Make sure the hearing date is far enough away. The other party must receive a copy of your application to set aside the default judgment and to hear at least 3 days before the date of the hearing. Send a stamped copy of the application to set aside the default judgment and the notice of hearing to the other party. Send it the same day you submit it. If the other party has a lawyer, send it to the lawyer and not directly to the other party. You can send it by: Keep the evidence that you sent the application to set aside the default judgment and the notice of hearing to the other party. You must bring evidence to your hearing. .