HelloTexas
Junior Member
What is the name of your state (only U.S. law)? Texas
I won a default judgment because the defendant did not appear at trial in small claims court. When I went to court to enforce judgment two months later, I learned that the court did not mail defendant a notice that a default judgment was issued. Court called defendant who (I assume) requested a new trial. I simply received a letter in the mail 6 weeks ago (about a week after I went to court) saying new trial had been set. I did not receive any notice that a new trial would be considered (and given an opportunity to object), nor did I receive any notice about the reason defendant provided for missing trial.
Here is what I found via the law library for Texas Rules of Civil Procedure:
RULE 566. JUDGMENTS BY DEFAULT
A justice may within ten days after a judgment by default or of dismissal is signed, set aside such
judgment, on motion in writing, for good cause shown, supported by affidavit. Notice of such motion
shall be given to the opposite party at least one full day prior to the hearing thereof.
RULE 569. NOTICE
All motions to set aside a judgment or to grant a new trial, under the two preceding rules, shall be
made within five days after the rendition of judgment and one day's notice thereof shall be given
the opposite party or his attorney.
So based on what I see about setting aside default judgment, it must be done within 10 days. It's is not clear to me how court error affects this requirement. I feel I am taking the burden of the errors of defendant (for missing trial) and court (for not sending notice).
I submitted a letter to court objecting to new trial and requesting that the default judgment be held, and I received a voicemail from the clerk that my request has been denied.
Am I wrong to think that setting new trial goes against the rules, and, if so, what are my options?
Thanks for any advice!
I won a default judgment because the defendant did not appear at trial in small claims court. When I went to court to enforce judgment two months later, I learned that the court did not mail defendant a notice that a default judgment was issued. Court called defendant who (I assume) requested a new trial. I simply received a letter in the mail 6 weeks ago (about a week after I went to court) saying new trial had been set. I did not receive any notice that a new trial would be considered (and given an opportunity to object), nor did I receive any notice about the reason defendant provided for missing trial.
Here is what I found via the law library for Texas Rules of Civil Procedure:
RULE 566. JUDGMENTS BY DEFAULT
A justice may within ten days after a judgment by default or of dismissal is signed, set aside such
judgment, on motion in writing, for good cause shown, supported by affidavit. Notice of such motion
shall be given to the opposite party at least one full day prior to the hearing thereof.
RULE 569. NOTICE
All motions to set aside a judgment or to grant a new trial, under the two preceding rules, shall be
made within five days after the rendition of judgment and one day's notice thereof shall be given
the opposite party or his attorney.
So based on what I see about setting aside default judgment, it must be done within 10 days. It's is not clear to me how court error affects this requirement. I feel I am taking the burden of the errors of defendant (for missing trial) and court (for not sending notice).
I submitted a letter to court objecting to new trial and requesting that the default judgment be held, and I received a voicemail from the clerk that my request has been denied.
Am I wrong to think that setting new trial goes against the rules, and, if so, what are my options?
Thanks for any advice!
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