Legal Question in Family Law in Texas

requesting a new trial
I was served a default judgement for papers I was served a year ago regarding the custody of my son. My ex led me to believe they were dismissed and his lawyer sent me a letter saying it was dismissed and I didn't need to appear in court. So I never filed an answer. Now a year later, I have received a default judgement. I read I could possibly request a new trial. Is this true? What are my options for getting this overturned to where I atleast have a chance to defend my case? Unfortunately, I don't have the paper from his lawyer (not thinking I would need it a year later). I know I will need an attorney for this, I just want to know if its even a possibility.

Asked on 4/09/09, 10:53 am

2 Answers from Attorneys

Robert Matlock Robert J. Matlock, P.C.

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Re: requesting a new trial

Yes, you have a chance of turning over the judgment through a process called a bill of review or a motion for new trial. The motion for new trial can be filed within 30 days after the judgment is signed - that is the best alternative. The bill of review can be filed after that 30 day period has passed but the process is more complicated. You will need to prove that you were misled by other parties concerning the status of the suit.

I suggest you hire a board certified attorney to assist you and do so promptly.

Answered on 4/09/09, 10:59 am

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