Default Judgment in Texas

If you were properly served with a credit card lawsuit in Texas and you failed to timely file an answer to the summons, a default judgment could be rendered against you.  To determine if service was proper please view my article on Services of Process in Texas.

If you received notice of a default judgment you should act immediately to try and vacate the judgment.  In County court and District court, you only have thirty (30) days from when the judgment is signed to ask the court for a motion for new trial.  If the judgment occurred in justice court you should file the motion for new trial or seek to appeal immediately and get a hearing within ten (10) days of when the judgment is signed.  After ten days the judgment is final in justice court.

If you are within the thirty day timeline you may be able to vacate the judgment even if you were served.  You will need to be able to show that your failure to file an answer was a mistake and not due to conscious indifference. You must also be able to show that you have defenses to the lawsuit and that the vacating of the judgment will not injure the Plaintiff.

Unfortunately many consumers find out about judgments months or years after the judgment.  If you were not served, you may be able to vacate the judgment by filing a Bill of Review.  This generally has to be filed within four (4) years of the judgment. 

If you have had a default judgment entered against you on a credit card lawsuit in Texas please call our law firm for a FREE consultation. I have defended over thousands of credit card lawsuits . We generally charge flat fees to defend lawsuits and we offer payment plans as low as $250.00 per month.

Other Related Articles by Michael W. Weston:

  1. Top Consumer Myths about debt purchaser lawsuits
  2. Sued for Debt in Texas
  3. Service of Process in Texas
  4. How to Answer a Summons in Texas
  5. Default Judgments in Texas
  6. Statute of Limitations for Debt in Texas
  7. Motion for Summary Judgment in Texas

By: Texas Credit Card Lawsuit Defense Lawyer - Michael W. Weston

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