Best way to vacate default judgement after about a year of it being entered?

[mynameisdoug]

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

Alright so a couple of years ago I was sued for libel and slander per se after publishing an article online about a local public figure. The article was based on a brief investigation consisting of interviews with local government officials, text found on state and local government websites, and photos.

Long story short I had everything for a meritorious defense - everything but money to afford a lawyer to represent me. About two years in the discovery phase of the suit and the plaintiff can't really find something to make his case around. Throughout those two years he files multiple motions for continuance citing different motives and reasons. All were approved and accepted by the court.

Then, I moved out-of-town and started having transportation problems, so I asked the court to grant me a couple of continuances in separate occasions. The first one was approved. The second one was not, even though I was told via phone by one of the judge's clerks that it was. I miss the court hearing. I lose the suit by default, which I find out at the next court hearing. Due to money, transportation, and some emotional constraints I didn't appeal. Now it's been about a year since the default judgement was rendered.
...
WHAT CAN I DO TO VACATE THE JUDGEMENT?

I still don't have money to hire a lawyer (unemployed college student), so I'm still planning on going pro se - PLEASE UNDERSTAND AND DON'T RECOMMEND HIRING A LAWYER. I don't need personalized advice, I just basically need a list of possible and potential routes for attacking this default judgement. Please shed some light on my situation.

There must be something I can do to defend myself at this point, right?

All and any advice is greatly appreciated.

 

[LdiJ]

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

Alright so a couple of years ago I was sued for libel and slander per se after publishing an article online about a local public figure. The article was based on a brief investigation consisting of interviews with local government officials, text found on state and local government websites, and photos.

Long story short I had everything for a meritorious defense - everything but money to afford a lawyer to represent me. About two years in the discovery phase of the suit and the plaintiff can't really find something to make his case around. Throughout those two years he files multiple motions for continuance citing different motives and reasons. All were approved and accepted by the court.

Then, I moved out-of-town and started having transportation problems, so I asked the court to grant me a couple of continuances in separate occasions. The first one was approved. The second one was not, even though I was told via phone by one of the judge's clerks that it was. I miss the court hearing. I lose the suit by default, which I find out at the next court hearing. Due to money, transportation, and some emotional constraints I didn't appeal. Now it's been about a year since the default judgement was rendered.
...
WHAT CAN I DO TO VACATE THE JUDGEMENT?

I still don't have money to hire a lawyer (unemployed college student), so I'm still planning on going pro se - PLEASE UNDERSTAND AND DON'T RECOMMEND HIRING A LAWYER. I don't need personalized advice, I just basically need a list of possible and potential routes for attacking this default judgement. Please shed some light on my situation.

There must be something I can do to defend myself at this point, right?

All and any advice is greatly appreciated.

I understand that you cannot HIRE an attorney. However, I think that your only hope at this point is to pay for an hour's consultation with an attorney in TX to find out if there is any hope of vacating the judgment at this point.

I do not think that there is...I think that you have allowed too much time to pass, but only a local TX attorney is going to know for sure.

 

[quincy]

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

Alright so a couple of years ago I was sued for libel and slander per se after publishing an article online about a local public figure. The article was based on a brief investigation consisting of interviews with local government officials, text found on state and local government websites, and photos.

Long story short I had everything for a meritorious defense - everything but money to afford a lawyer to represent me. About two years in the discovery phase of the suit and the plaintiff can't really find something to make his case around. Throughout those two years he files multiple motions for continuance citing different motives and reasons. All were approved and accepted by the court.

Then, I moved out-of-town and started having transportation problems, so I asked the court to grant me a couple of continuances in separate occasions. The first one was approved. The second one was not, even though I was told via phone by one of the judge's clerks that it was. I miss the court hearing. I lose the suit by default, which I find out at the next court hearing. Due to money, transportation, and some emotional constraints I didn't appeal. Now it's been about a year since the default judgement was rendered.
...
WHAT CAN I DO TO VACATE THE JUDGEMENT?

I still don't have money to hire a lawyer (unemployed college student), so I'm still planning on going pro se - PLEASE UNDERSTAND AND DON'T RECOMMEND HIRING A LAWYER. I don't need personalized advice, I just basically need a list of possible and potential routes for attacking this default judgement. Please shed some light on my situation.

There must be something I can do to defend myself at this point, right?

All and any advice is greatly appreciated.

I'm sorry, but this is a default judgment in a defamation suit? That isn't common.

What sort of money is involved?

I agree with LdiJ that the year's delay is going to make it difficult (impossible?) for you to vacate the judgment. Your "money, transportation and emotional constraints" excuse for missing the hearing are not good reasons for a judgment to be vacated.

I am afraid that, if you had an arguable defense, you needed to argue it.

You can visit a law school in your area, perhaps, for some legal assistance, if you cannot afford to pay an attorney for maybe an hour's time to go over the facts.