Legal Question in Consumer Law in Texas

Default judgement granted without notice of any kind

A company filed a suit against my company but I didn't get notice until after it was dismissed for want of procecution.

Months later I received a call from a constable who stated that he a writ he was to execute based on the same matter.

The firm representing the Plaintiff asked the court to reinstate the case several times which the judge declined to do. Sometime in October of 2005, the judge went on vacation and a substitute judge signed a default judgment based on the Plaintiff's claim that a trial had occured.

I spoke with the constable and noted that the court docket had no entry for the date they claimed there as a trial. Also, the trial date was only 9 days after I received notice. The constable returned the writ to the court unexecuted.

Last week I noticed on line that with another substitute judge on the bench, the same firm had a turn over hearing, appointed a receiver and posted bond. I don't know whaat all that means but would like to know what steps you would take to get this other firm to stop pulling all this fraudulent stuff with the court that could really effect me. Please let me know if you need more information.

Thank you,

Gregory


Asked on 8/24/06, 10:33 pm

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Default judgement granted without notice of any kind

Your questions are not possible to ask in this informal setting. You need to hire an attorney. It is quite possible if you were not given adequate notice, the judgment could be set aside but more facts are needed.

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Answered on 8/24/06, 10:44 pm


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