Texas Motion to Vacate Attorney

Deadlines are an important part of the litigation process. It is important for parties to adhere to deadlines throughout the length of a case. Unfortunately, some parties, when served with a lawsuit, fail to answer in a timely fashion. In these situations, it may be appropriate for the other party to request that the court enter a default judgment.

I am Austin business litigation lawyer John McDuff. I represent clients throughout Central Texas in a broad range of business litigation. If the facts warrant, I can ask the court for a default judgment.

When preparing a motion for default judgment, you must provide the following documents to the court:

  • Proof of service on the opposing party
  • An affidavit stating that the opposing party has not answered the allegations in the lawsuit

Default judgments are an extraordinary means to dispose of a case. Further, a default judgment does not resolve a case on its merits. For these reasons, courts are generally very reluctant to enter default judgment on a party. A default judgment will rarely be awarded if the opposing party has not filed an answer a few days after it is due. Even if a court does enter a default judgment, the defaulted party may request that the court set aside a default judgment. In Texas, if the defaulting party can show that the failure to answer was due to mistake or accident, that they have a defense and that setting aside the default will not injure the plaintiff, the court should set aside the default. If your opposition has failed to make a timely answer to a complaint, you can rely on me to provide astute counsel as to your best options. I have earned an AV* rating under Martindale-Hubbell’s peer review system, which is a measure of my standing among my colleagues.

Contact Austin Default Judgments Attorney John McDuff

Call 512.457.1177 or reach me online to schedule a consultation with my office.

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The information that you obtain at this site is not, nor is it intended to be, legal advice, and any use of this information will not create an attorney-client relationship. We invite you to contact us to get advice.