Statute of Limitations on Civil Judgments

[Legalnightmares]

What is the name of your state (only U.S. law)? Nebraska

Back in 2004, my daughter's mother tried to move my daughter from Nebraska to Texas without my consent. After I discovered she had taken her to Texas, I demanded my daughter be brought back in accordance with my visitation rights granted via a court ordered custody agreement. Her boyfriend in TX paid to have her returned to Nebraska, then sued me in Texas civil court for the travel expenses. I didn't show up for court because it was in TX and I was in NE. Now he's turned it over to a collection agency.

#1 - What is the statute of limitations on collecting from this ridiculous judgment, and #2 - does a TX civil judgment even have jurisdiction over someone living in NE?

 

[Proserpina]

What is the name of your state (only U.S. law)? Nebraska

Back in 2004, my daughter's mother tried to move my daughter from Nebraska to Texas without my consent. After I discovered she had taken her to Texas, I demanded my daughter be brought back in accordance with my visitation rights granted via a court ordered custody agreement. Her boyfriend in TX paid to have her returned to Nebraska, then sued me in Texas civil court for the travel expenses. I didn't show up for court because it was in TX and I was in NE. Now he's turned it over to a collection agency.

#1 - What is the statute of limitations on collecting from this ridiculous judgment, and #2 - does a TX civil judgment even have jurisdiction over someone living in NE?

1. 10 years, but can be renewed.

2. Yes, yes they do. Why? You didn't bother to turn up to challenge jurisdiction.

How old is the judgment exactly?

 

[Mark Maroon]

What is the name of your state (only U.S. law)? Nebraska

Back in 2004, my daughter's mother tried to move my daughter from Nebraska to Texas without my consent. After I discovered she had taken her to Texas, I demanded my daughter be brought back in accordance with my visitation rights granted via a court ordered custody agreement. Her boyfriend in TX paid to have her returned to Nebraska, then sued me in Texas civil court for the travel expenses. I didn't show up for court because it was in TX and I was in NE. Now he's turned it over to a collection agency.

#1 - What is the statute of limitations on collecting from this ridiculous judgment, and #2 - does a TX civil judgment even have jurisdiction over someone living in NE?

You might want to have an attorney look at the case to make sure that you were properly served according to the rules of service in TX. If not, then maybe you can contest/open/strike the judgment.

 

[LdiJ]

You might want to have an attorney look at the case to make sure that you were properly served according to the rules of service in TX. If not, then maybe you can contest/open/strike the judgment.

Its way too late for that.

 

[Mark Maroon]

Its way too late for that.

I don't think it can EVER be too late to contest service. If you were not properly served, then I don't think that a judgment can be properly entered against you. Otherwise I could file a complaint against you here in NJ, serve it to you by serving it to my next door neighbor's cat, get a default judgment against you, wait several years, and then tell you that it's too late for you to contest service of the complaint that you never received.

 

[Ohiogal]

Its way too late for that.

Texas caselaw:
See:
In re J.P.L., 359 S.W.3d 695 (Tex.App.-San Antonio 2011)
Court of Appeals of Texas, Fourth District, San Antonio
November 23, 2011
359 S.W.3d 695

As to the merits, we conclude service of process on Lacombe was required, and the absence of proper service of process renders the default order against Lacombe void.

Min v. Avila, 991 S.W.2d 495 (Tex.App. —Houston [1 Dist.] 1999)
Court of Appeals of Texas, First District, Houston
May 6, 1999
991 S.W.2d 495

The default judgment against Avila was void and unenforceable because he was never served.

and:

The bill-of-review petitioner may therefore demonstrate that the judgment is invalid for lack of proper service of process, whether or not the face of the record discloses the invalidity and despite recitals of proper service in the judgment under attack. McEwen, 345 S.W.2d at 711; Medeles, 923 S.W.2d at 662; Arriba, 882 S.W.2d at 581; Burrows, 797 S.W.2d at 359-60. A default judgment is void and cannot stand unless the defendant has been served with process in strict compliance with the law, accepted or waived service, or entered an appearance. TEX.R. CIV. P. 124; Medeles, 923 S.W.2d at 663.

So service can be attacked at any time in Texas. Because the default judgment would be void. IF however OP was properly served in STRICT COMPLIANCE WITH THE LAW, then he has no argument.

I win on these procedural arguments all the time. Since a default judgment obtained by improper service is void, it has no weight. OP should definitely look at whether he was served properly according to the rules. Texas caselaw says you are WRONG Ld.