“You are a very interesting mix of tiger and kindness”
I would like to testify as to the qualifications and expertise of my company’s attorney, who has also become my personal counsel. His approach is direct, honest and committed to his client. With a dedicated work ethic, he tenaciously works in the interest of his client with a take-charge attitude that demonstrates his knowledge, honesty, enthusiasm and caring.
We have been working with John for the last couple of years as a business transaction attorney. He continues to be, and has been, nothing but timely, professional, and knowledgeable in all services rendered for us. He is meticulous and thoughtful in every aspect, and we would highly recommend his services and still continue to build our relationship with him. His alacrity is continually a pleasant surprise.
After looking at several attorneys to handle my case, I selected John. It was the best choice I could have made. He has given me peace of mind and has handled my case with pure professionalism. I would definitely recommend using John to my friends or family if asked.
Austin, 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 an 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 to schedule a consultation with my office in Austin.