What happens if a judgment is vacated




















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Accordingly, the information you provide to us in an e-mail should not be information for which you would have an expectation of confidentiality. Vacating a judgment in Texas requires an order to vacate the judgment by the court which heard the original case, and this is accomplished by way of a motion to vacate a default judgment.

A motion is any type of pleading where your attorney organizes the facts and applicable laws and asks the court for relief on your behalf. If you are a debtor seeking to vacate a judgment or learning how to avoid paying a judgment outright, you will need a lawyer with specific experience on judgments in Texas and who has the right knowledge and resources to help you. Contact Houston judgment lawyer Seth Kretzer through our website, or by phone , to discuss your case.

Major credit cards accepted. Ask us about our flexible payment plans. Spanish translation services available at all times. All rights reserved. Advanced Search. Vacate a Default Judgment. If you are sued and you did not go to your trial, the court may enter a judgment against you based on the information the plaintiff provided, without hearing your side of the story.

How do I vacate a default judgment? First, find out which court issued the judgment. In a debt collection case, you will most likely need to go to the Civil Division of the Superior Court in the county where you live. There, tell the clerk that you want a copy of the entire court file for your case.

The clerk may give you a pre-printed document request form to fill out. Once you have obtained a complete copy of the court file for your case, contact one of our attorneys to review your case without cost or obligation. What happens at the court hearing? At the court hearing, you will most likely find yourself sitting in a courtroom with a number of other people who are in the same position as you. The court clerk will call out your name, and you should answer clearly.

The attorney for the plaintiff may call out your name as well. When you are before the judge, you must focus on the arguments you made in your Motion to Vacate. Simply keep repeating 1 your good reason for failing to file an Answer; and 2 your defense in the case. As long as you have a reasonable excuse and a meritorious defense, the judge should grant the Motion to Vacate and vacate the judgment against you.



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