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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I have a judgement filed in Harris County Texas48 that I knew

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I have a judgement filed in Harris County Texas48 that I knew nothing aboutit was for a dad that should have an account that should have been cancrlled back in 2002. I just found out about it when they placed a legal hold on my account. what form do I need to file in Harris County Court to vacate this judgment so I can get my say in court since I was never served to appear in court.

Thank you for your question. Please permit me to assist you with your concerns.

To answer your question directly, there is no 'form' pertaining for a request to 'set aside' the judgment. Luckily you can go to the Harris County law library, speak to the law librarian, and obtain a template that you can evaluate and then modify for your needs. The reason that there is no form for this petition is since this judgment has been placed against you more than 30 days ago, a typical motion would have expired (a regular appeal has to take place within 30 days of the order). The law library will have the language needed for you that you could review, utilize, and modify for your needs, but this wouldn't be an actual form, you would need to create and file a formal motion to request the courts to set aside the order and grant you a hearing over whether or not the judgment was issued against the proper person or not.

Good luck.

Customer: replied 3 years ago.

The legal hold was just placed on 9/25/3013 not long ago and I was sent a copy of the order granting turnover and appointing receiver. I believe I have 10 days. I believe it is called a default judgment because i did not appear in court but I was not served to appear so i would like to get a motion to appear. My question was can I file a motion and what form do I need to file that petition. Is petition easy to file or dies it require an attorney.

Bev,

That changes the situation. I thought you stated that the order was from 2002. When did the hearing take place, exactly? Not when the legal hold was placed, but when the courts entered the judgment against you?
Customer: replied 3 years ago.

The date I see on the "order granting turnover and appointment receiver" had a date ny the court of November 15, 2012. Is that it?

Bev,

Thank you for your follow-up. Yes, that is it. In that case please review my initial answer to you. The order has been in existence for longer than 30 days. You would therefore need to file two requests. One, to request to set aside the order as I suggested by going to the law library and obtaining the template, AND you would also need to file a motion to place a 'stay' on the collections until your first request to set-aside is evaluated, and the order is heard. This would not remove the hold but it would stop collections. The language for that a request is also located at the law library for your review.

Good luck.

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