Legal Question in Consumer Law in Texas

I have a judgment that was placed against me in 2006 with a company that no longer exists. They were a debt collection company. They filed for articles of dissolution in 2009 because they were being sued for fraud and also had debt they could not pay. I filed a motion to vacate judgment based on the fact that they no longer exist and that I can't find anyone to pay. I served the attorney and company at its last known address with a returned to sender letter from the attorney. On my court date I assumed that I would win based on a default judgment because neither party appeared in court. When I got in front of the judge he said he could not rule because he no longer had jurisdiction over the case, even though it was in his court where the initial judgment was ruled. What do I do? Why did he not have jurisdiction, and why was I not given my Due Process??? If the other party did not show and were notified by myself and the courts, why did I not win on a default judgment? This is in a Texas Court.


Asked on 1/08/11, 9:05 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

You aren't entitled to have the judgment vacated just because the company (the plaintiff) doesn't exist any longer. The plaintiff may have a successor in interest somewhere who will want to collect the judgment.

The judgment is final by now and non-appealable. "Default judgment" has nothing to do with it.

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Answered on 1/13/11, 2:07 pm


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