Legal Question in Civil Litigation in Texas

Not Served but Judgement was given
I am involved in a suit for debt by a past supplier, where I was sued personally, even though we operated as a corporation. Service was forced upon a renter at my old place of residence, and the service was claimed to have been served on me, including a forged signature of my name. The supplier knew we were a corporation, and that we had an attorney appointed as a registered agent. I never received notice of the suit, but now they have a judgement? Isn't there some kind of a writ of error that will apply? Is there a special format neccessary? I am about to file bankruptcy, but this plaintiff is trying to get exempt assets.

Asked on 3/14/98, 10:13 pm

1 Answer from Attorneys

Michael Shearn Law Office of Michael Shearn

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Service of process

Generally speaking, valid service of process on a Texas corporation occurs by personal service on the president, vice president or registered agent of the corporation. If a motion for new trial was not filed within 30 days after the date the default judgment was signed, an appeal by writ of error (now called limited appeal) can be filed if filed within 6 months following the date the default judgment was signed. The process is expensive.

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Answered on 4/03/98, 1:12 am

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