This means it’s a crime to lie on the form. WARNING: You must sign the motion form under penalty of perjury.
Motion for default judgment full#
write the full physical address of the court where the hearing will be held, and.write the date and time of the hearing, and.fill out the Unsworn Declaration completely and sign it, and.write the specific facts that show how your failure to file an answer or failure to appear at the hearing was an accident or mistake and you have a good defense, and.write the specific facts that show how your failure to file an answer or appear at the hearing was due to improper service or improper notice of the hearing, or.Motion to Set Aside Default Judgment and Notice of Hearingįill out this form completely in blue or black ink and sign it.The other side must receive a copy of your Motion to Set Aside Default Judgment and Notice of Hearing at least 3 days before the hearing date. Make sure the hearing date is far enough away. The clerk will give you a date and time for the hearing. Tell the clerk you want to schedule a hearing on a Motion to Set Aside Default Judgment. WARNING! If you do not file your Motion to Set Aside Default Judgment within 30 days of the date of the default judgment, it is very important that you talk with a lawyer.Ĭall the clerk’s office. You can use Ask a Question to chat with a lawyer online. See Texas Rules of Civil Procedure, Rule 329.Įxception 3: If you were on active military duty when the default judgment was signed by the judge you have additional time. See Texas Rules of Civil Procedure, Rules 306(a)(4).Įxception 2: If you were served by publication, you have two years from the date of the default judgment to ask for a new trial. So the latest you could file a Motion to Set Aside Default Judgment is 120 days after the date the default judgment was signed by the judge.
But, even if this exception applies, your 30-day deadline to file the Motion to Set Aside Default Judgment cannot begin more than 90 days after the date that the default judgment was signed by the judge. See Texas Rules of Civil Procedure, Rules 329(b).Įxception 1: If you first learned about the default judgment more than 20 days after it was signed by the judge, your 30-day deadline to file the Motion to Set Aside Default Judgment begins on the date you received notice of the default judgment from the clerk or the date you actually found out about the default judgment (whichever happened first). You must file a Motion to Set Aside Default Judgment and Notice of Hearing within 30 days of the date the default judgment was signed by the judge. Note: If you are asking the judge to set aside the default judgment due to accident or mistake you must also show that you have a good defense to the case (good reason the judge should rule in your favor) and that canceling the default judgment will not cause delay or harm to the other side. you filed an answer but did not come to a hearing because of accident or mistake rather than intentional or conscious indifference.you did not file an answer because of accident or mistake rather than intentional or conscious indifference, or.accident or mistake which means that either:.you filed an answer but did not come to a hearing because you did not get proper notice of the hearing, or.you did not file an answer because you were not properly served with citation,.lack of notice which means that either:.you can show that you did not file an answer or did not show up to the hearing due to either:.you file a Motion to Set Aside Default Judgment by the deadline, and.If you are the respondent, you can ask the judge to set aside (cancel) a default judgment made without you if:
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