How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110447
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

D was sued & not served with citation. Consequently D did not

This answer was rated:

D was sued & not served with citation. Consequently D did not file an answer. P obtained a default judgment as a result & had D removed from the house in question back in 2010.
D filed a bill of review. Before case goes to trial can D file a plea to the jurisdiction or must he file a motion for summary judgment?
Q:If he can file a plea to the jurisdiction whats the minimal notice to P required under the rules prior to the hearing?
Thank you for your question I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the D filed bill of review instead of motion to dismiss based on lack of jurisdiction, then jurisdiction is agreed upon in this court by you filing the bill of review. What should have likely been filed here is a motion to vacate default judgment and in that motion to vacate you could raise your defenses of lack of jurisdiction as well as failure of service.

He has to give the other party 30 days to answer the motion to vacate the judgment or the bill of review.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as or or to find a local attorney to get actual legal advice in all matters.
Customer: replied 2 years ago.

Can D still file a motion to vacate or is it too late b/c he filed a bill of review?

You can file a motion to vacate the default judgment now and you would file a motion to withdraw the motion for bill of review.
Customer: replied 2 years ago.

Great! So must D first file the Motion to Withdraw & then the Motion to Vacate? does it make a difference?

Must Judge first hear & rule on motion to withdraw & immediately thereafter hear & rule on Motion to Vacate?

You would file them at the same time, both motions. The judge will hear them all at the same time.
Law Educator, Esq. and 9 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

Thanks for prior info. it was great information! I have some follow up concerns: In my Motion to Vacate the Default Judgment what is my main argument. Do we still argue lack of jurisdiction due to fact that D was not served with suit papers & citation? Or do we omit lack of jurisdiction b/c of Bill of Review being filed & instead only argue lack of service & for that reason alone DJ should be vacated?

What about the Motion to Withdraw the Motion for Bill of Review. Would a simple request to withdraw & nothing more suffice? Or should I detail when they obtained a DJ & when we filed a Bill of Review & we wish to withdraw it so that instead a Motion to Vacate can be ruled on?

In my motion to vacate DJ do I ask court to grant a new trial or to simply rule in our favor?

Thank you for your response.

You can argue improper service of process, thus denying you your right to due process. As far as the lack of jurisdiction, if you still believe this trial court did not have proper personal jurisdiction or subject matter jurisdiction you should argue it anyhow. You can file the motion to vacate default and if you still believe lack of jurisdiction your motion to vacate can be a motion to vacate default and to dismiss for lack of jurisdiction.