Letter Requesting Motion To Vacate Order Of Default With Student Loans In Bexar
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FAQ
To stop the entry of a default or default judgment before it is entered, one generally has to file something in court. This can be an Answer, a Motion to Extend Time, a Motion to Quash Service of Process, or perhaps others. A motion will likely interrupt entry of a default, but a motion is merely a request.
Imagine you've taken someone to court, but they've ignored all proceedings. A motion for default judgment allows you to ask the court to automatically decide in your favor due to the other party's lack of response or action.
Generally, a Motion to Set Aside a Default Judgment and Notice of Hearing must be filed within 30 days of the date the default judgment was signed by the judge. If you were served notice of the default judgment by publication, you have two years from the date of the default judgment to ask for a new trial.
Judgments awarded in Texas to a non-government creditor are generally valid for ten years but can be renewed for longer. If a judgment is not renewed, it will become dormant. A creditor can request to revive a dormant judgment to continue to try and collect the debt.
An entry of default against a defendant simply means that the Court notes on its records that the defendant failed to defend against the claim by filing an answer with the Court. An entry of default is not a final foreclosure judgment, nor does it give the Plaintiff the right to take and sell the defendant's home.
Take the Petition and the copies to the District Clerk's Civil Filing Department. The Civil Filing Department is in the Paul Elizondo Tower at 101 W Nueva, Suite 216. The phone number is 210-335-2621.
The motion for default judgment and proposed default judgment are entered on the docket. From the Clerk: The plaintiff should make a written request for the clerk to enter a default judgment, and provide the clerk with an affidavit of the amount owed by the defendant and a proposed clerk's default judgment.
To set aside a default judgment, the defendant must demonstrate that its failure to answer or otherwise appear and defend was due to excusable neglect under the circumstances and that it has a meritorious defense either to the cause of action itself or the quantum of damages assessed.
When the plaintiff receives the copy of the motion you mailed to her, she can file an opposition with the court. You should receive her opposition in the mail. In the opposition, the plaintiff will explain to the judge why she believes the default judgment should not be set aside.
