Legal Question in Civil Litigation in Texas

What constitutes proper notice?

I was threatened with a $2000 small claims suit and I wanted to defend myself because the charges were bogus. However, I never received notice that a trial had been scheduled. As a result, a default judgement was rendered. My address is on file with DPS, Post Office and Voter Registration, but I never received written/phone notice. What is the procedure to notify someone that there are bring sued? If I can prove that I did not receive notice, can the judgement be overturned?


Asked on 4/30/00, 11:54 am

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: What constitutes proper notice?

Your question doesn't indicate that you made a response in writing to the court concerning the claim. If you didn't, the plaintiff could have taken a default judgment for your failure to file a written response. Verbal inquiry to the court does not qualify as a response. If you did respond in writing, then the court should have provided you notice of the final hearing. You can confirm this in the court's file. If you did not receive notice after filing a written response, you have the basis for a new trial if the judgment is no more than 30 days old or another appeal if the time for normal appeal has passed. If this is worth money to you, you better find an attorney, because the claim may now be for more than $2,000 with interest, court costs and attorney fees.

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Answered on 6/14/00, 2:39 pm


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