Eviction & Other Landlord Issues
This article answers common questions about setting aside a default eviction judgment.
Composed by TexasLawHelp • Last Updated on December 7, 2022
What is a Motion to Set Aside Default Judgment?
Adefault judgmentis what can happen when you lose acaseor ruling because you missed the hearing. Amotionasks thecourtto do something. AMotionto Set AsideDefault Judgmentasks thecourtto take back ajudgmentbecause one party failed to show up to the scheduled hearing.
You can use themotionfor anevictionhearing or any othercourtaction during theevictionprocess in which a party was not present and thecourtmade a ruling. For example, a ruling on whether to grant a hearing on aMotionforContinuance.
Where can I get Motion to Set Aside Eviction forms for Justice Court?
You can find forms and instructions designed specifically forevictioncases in JusticeCourthere.
Why would a court decide to set aside a default eviction judgment?
A judge may grant yourmotionif you can show good cause. “Good cause” means a very good reason for missing the hearing. It is up to thecourtto decide whether the reason is a good cause.
Good cause might include:
- You did not receive propernoticeof the hearing.
- You had an emergency, such as a car accident or a family sickness, that did not allow you to make the hearing.
- Yourlandlordfiled thecasein the wrong precinct.
Note that missingcourtbecause of work is not usually a good reason to set aside ajudgment.
How long will it take the judge to decide whether to set aside the default judgment?
The judge must decide within 21 days after signing thejudgmentor ruling you want to set aside. If the judge does not rule on yourMotionto Set AsideDefault Judgmentby 5:00 P.M. on the 21stday after thejudgment, it is automatically denied.
Important – Time Limit forAppeal:Remember you only have five days to appealanevictionjudgmentto send yourcaseto a highercourt. If you want toappeal, you must do so within five days. Filing aMotionto Set AsideDefault Judgmentdoes not give you extra time toappeal.
How is a Motion to Set Aside Default Judgment different than an appeal?
AMotionto Set AsideDefault Judgmentasks thecourtfor another hearing. If aJustice of the Peacegrants yourMotionto Set AsideDefault Judgment, then the new hearing will take place in JusticeCourt.
Anappealasks to move thecaseto a highercourt. If youappealaneviction, it will send thecaseto CountyCourt.
Should I ask the Justice Court to rehear my case or should I appeal to County Court?
You have an automatic right to appeal an eviction case to County Court, but you only have five days to do so. There may also be significant costs.
You have longer to file a Motion to Set Aside Default Judgment, but there is no guarantee that the judge will grant you a new hearing. You do not have the right to set aside the default judgment.
You may both appeal andmove to set aside the default judgment. Remember that asking to set aside the default judgment does not lengthen your five day window to file an appeal.
Should I talk to a lawyer?
If possible, yes. You may even be able to get a feelegal aidattorney. Seeherefor how to find legal help.
As an expert in legal matters, particularly in landlord-tenant issues and court procedures, I bring a wealth of knowledge and experience to shed light on the concepts discussed in the provided article titled "Eviction & Other Landlord Issues" by TexasLawHelp, last updated on December 7, 2022.
The article addresses the process of setting aside a default eviction judgment, focusing on key legal terms and procedures. Let's break down the concepts used in the article:
-
Motion to Set Aside Default Judgment:
- Definition: A motion submitted to the court requesting the reversal of a default judgment, typically issued when a party fails to appear at a scheduled hearing.
- Significance: This motion is relevant in various court actions during the eviction process where one party was absent, leading to a court ruling.
-
Forms for Justice Court:
- Availability: The article provides information on where to find specific forms and instructions tailored for eviction cases in Justice Court.
-
Reasons for Setting Aside Default Eviction Judgment:
- "Good Cause": The article emphasizes the need to show a compelling reason for missing a hearing to convince the court to set aside a default judgment.
- Examples of "Good Cause": Lack of proper notice, emergencies (e.g., car accidents, family sickness), or incorrect filing by the landlord. Notably, missing court due to work is generally not considered a valid reason.
-
Timeline for Judge's Decision:
- The judge must decide within 21 days after signing the judgment or ruling that one seeks to set aside.
- Automatic Denial: If the judge does not rule on the motion by 5:00 P.M. on the 21st day, it is automatically denied.
- Time Limit for Appeal: There is a strict five-day window to appeal an eviction judgment to a higher court.
-
Difference Between Motion and Appeal:
- A Motion to Set Aside Default Judgment requests another hearing in the same court (Justice Court), while an appeal seeks to move the case to a higher court (County Court).
-
Choosing Between Rehearing and Appeal:
- Automatic Right to Appeal: Parties have the automatic right to appeal an eviction case to County Court within five days.
- Motion to Set Aside: Allows more time to file but does not guarantee a new hearing, and there is no automatic right to set aside the default judgment.
-
Legal Assistance:
- Recommendation: The article suggests consulting with a lawyer, highlighting the importance of seeking legal aid, and provides a resource link on finding legal help.
In conclusion, the provided article offers valuable insights into the procedural aspects of handling default eviction judgments in Justice Court, the importance of timely action, and the considerations between filing a motion to set aside and opting for an appeal. As an expert, I would encourage individuals facing such situations to carefully evaluate their circ*mstances and seek professional legal advice when necessary.
