[TX] Can I appeal a default judgment against me?
Yes, it is possible to appeal a default judgment, but typically, you must first file a motion to set aside the default judgment with the court that issued it. If the motion is denied, then you can appeal that denial to a higher court. Appealing the default judgment itself is generally not the first step.
The reason being that the appellate court can only review the trial court's decisions. It would need to find some legal error to reverse.
And if you did not answer the lawsuit at all, there's no legal error there to challenge on appeal. You first need to try to file a motion to vacate the default against you and explain to the court why you didn't answer timely.
In Texas, the deadline to file a motion to vacate a default judgment is generally 30 days from the date the judgment was signed.
See www.texaslawhelp.org for how to file one and forms.
If the trial court denies that motion, then you can appeal the denial of that motion to the appellate court. That would be an appealable issue.
But you generally cannot directly appeal a default judgment. There's no legal error the trial court made to challenge and get reviewed if you did not respond at all, or not timely.
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I need help appealing a default judgment regarding my HOA.
I understand that dealing with a default judgment can be quite stressful. Can you tell me when the default judgment was issued?
I don’t know.
Have you already taken any steps to appeal the judgment, or is this your first attempt?
My first attempt.
Is there anything else the real estate lawyer should know before I connect you? Rest assured, they’ll be able to help with appealing the default judgment.
Yes
Hello and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, and I’m here to help.
I know legal matters can feel overwhelming, but you're in good hands. I’ll do my best to make things clear and provide you with the guidance you need. Let’s work together to find the right solution for your situation.
What state is this case filed in?
Texas
Was this a default judgment against you? Can you share why you didn't respond to the lawsuit?
Yes, it is possible to appeal a default judgment, but typically, you must first file a motion to set aside the default judgment with the court that issued it. If the motion is denied, then you can appeal that denial to a higher court. Appealing the default judgment itself is generally not the first step.
The reason being that the appellate court can only review the trial court's decisions. It would need to find some legal error to reverse.
And if you did not answer the lawsuit at all, there's no legal error there to challenge on appeal. You first need to try to file a motion to vacate the default against you and explain to the court why you didn't answer timely.
In Texas, the deadline to file a motion to vacate a default judgment is generally 30 days from the date the judgment was signed.
See www.texaslawhelp.org for how to file one and forms.
If the trial court denies that motion, then you can appeal the denial of that motion to the appellate court. That would be an appealable issue.
But you generally cannot directly appeal a default judgment. There's no legal error the trial court made to challenge and get reviewed if you did not respond at all, or not timely.
Okay, is there any way to appeal the finance charges and court costs? The judgment was for 7K, but the lawyer for the HOA is saying I need to pay 12K.
I do understand that it has been a year since the judgment.
Yes, it is too late after a year, sorry to say.
There is no appeal you can file here; the appellate court has no jurisdiction after 30 days from the judgment or post-judgment motion. And any appeal would be rejected immediately. The best you could do is try the motion to set aside with the trial court. There are times you can still do that after 1 year.
How would I file a motion?
Please see my original answer, in the second half is a link to Texas Law Help with the directons and forms.
Okay, thanks.
I do hope the information I provided was helpful and addressed your question. If there's anything else you need, please don't hesitate to reach out—I’m always happy to assist. Wishing you a fantastic day ahead!
