Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

Do I have to file a motion for a bill of review to the court…

Customer Question
Do I have to...

Do I have to file a motion for a bill of review to the court that made the judgment to obtain one?

Lawyer's Assistant: Is this motion in state court or federal court? What is being sought?

State District court. The court has no plenary power in the case because of the time passed. I'm trying to obtain a bill of review so that I can get the court to reverse the judgment.

Lawyer's Assistant: Has anything been filed or reported?

I filed a Motion to re-instate but was denied because the court had no plenary power.

Lawyer's Assistant: Family law varies by state. What state are you in?

Texas

Submitted: 8 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 57 minutes by:
8/7/2017
Family Lawyer: FamilyAttorney, Lawyer replied 8 months ago
FamilyAttorney
Category: Family Law
Satisfied Customers: 1,550
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
Verified

Hello and thanks for using Just Answer. I’m a licensed attorney with 37 years’ extensive experience in family law, trials, appeals, contracts, landlord-tenant, and other types of law.

This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also, I’d like to review your question for a minute and type your answer. If I am not here for a few minutes, that means I am typing your answer. THIS IS NOT YOUR ANSWER YET so please allow me time to type it up for you. It may take a few minutes, so please understand that. Thanks!

I take it that the time to appeal or make the motion for a new trial has passed?

Ask Your Own Family Law Question
Customer reply replied 8 months ago
that is correct. The court has no Plenary powers in this case.
Family Lawyer: FamilyAttorney, Lawyer replied 8 months ago

Okay thank you. I just got off a phone call so I'm sorry I wasn't here at the moment.

I'm an appellate attorney so procedure is what I am all about.

You can file a bill of review -- A bill of review is an independent equitable action brought by a party to a former action seeking to set aside a judgment, which is no longer appealable or subject to motion for new trial.

You may want to get an attorney for this because there are several things that need to be included in this action for it to succeed.

Would you like me to give you information about a bill of review?

Ask Your Own Family Law Question
Family Lawyer: FamilyAttorney, Lawyer replied 8 months ago

I'm going to assume you want that information.

The bill must state sufficient cause. Ordinarily, to establish sufficient cause, a defendant-petitioner must demonstrate: (1) a meritorious defense; (2) justification for the failure
to assert that defense; and (3) that the default judgement was not rendered due to the fault or
negligence of the defendant-petitioner. The petitioner must normally show that he exercised due diligence to assert all adequate legal remedies before filing the bill of review. However, the absence of proper service will not allow the availability of a bill of review.

A bill of review is an equitable proceeding to set aside a judgment that is no longer appealable or subject
to a motion for new trial. Although it is an equitable proceeding, the fact that an injustice may have occurred is not sufficient to justify relief by bill of review. You must show that you exercised due diligence to pursue all adequate legal remedies against a judgment and, at the time the bill is filed, there is no adequate legal remedy available.

You will want an attorney to help you with this. I don’t always say to get a lawyer, but in this instance I would. We aren't allowed to refer to any particular lawyer. However, what I do here, which helps my customers tremendously, is I give you a list of lawyers in your area and I'll show you how easy it is to pick one. I have a short, easy to understand free guide and it will show you what to look for in an attorney. I will also look for LegalAid and pro bono attorneys in your area if you tell me to do that. I just need to know where to look. The bigger the city the better. My customers tell me they have found great lawyers from my information. This part is free of charge -- I do this as a courtesy to my customers here. Just let me know if you want this information.

Does this answer your question or would you like more information?

Ask Your Own Family Law Question
Family Lawyer: FamilyAttorney, Lawyer replied 8 months ago

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you. Do you want me to look for lawyers for you who will take this type of case?

FamilyAttorney

Ask Your Own Family Law Question
Was this answer helpful?
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11,965
11,965 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,965 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I have a family law question. Texas. Dad served me with
Dad served me with petition to modify parent child relationship papers, only thing is child is 13 & he signed his rights over, paper work was just never filed … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My question is for family law in Nevada with adoption of
My question is for family law in Nevada with adoption of baby within family that DCSF currently is involved and they are not being bias. They claim that foster care must be done before adoption but We… read more
Ray
Ray
Lawyer
Doctoral Degree
32,146 satisfied customers
This is a family law question. Texas. My daughter is in
My daughter is in mediation and signing an agreement to pay the mediator in 35-45 days. She does not have a job and her husband that has a domestic violence charge pending was the breadwinner and I think she is being pressured because she can not afford an attorney but he has a criminal one and a divorce one Lonestar legal aid has helped her a little bit … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,402 satisfied customers
If a party requests section 271 fees related to a family law
If a party requests section 271 fees related to a family law motion for reconsideration in its responsive papers and the judge ruled on the motion for reconsideration but did not say anything related … read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,402 satisfied customers
I need advice on Family Law in the state of. Situation: I
I need advice on Family Law in the state of Virginia. Situation: I went to court last month for a Child Support hearing and the court ordered my ex to pay $751 a month for 9 months. Problem: We were o… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
This is a Family Law issue in California. Parents of two
Hi. This is a Family Law issue in California. Parents of two children are getting divorced. Father is permanently disabled (work injury). Father receives, on behalf of each child, $602 ($1204 per mont… read more
Ray
Ray
Lawyer
Doctoral Degree
32,146 satisfied customers
This question is in regards to holidays under family law. We
This question is in regards ***** ***** under family law. We have a signed marital settlement agreement stating that responded gets Thanksgiving on EVEN numbered years (we split the holiday but on the… read more
Sue
Sue
Juris Doctorate
388 satisfied customers
Looking for an affordable family law attorney (possible
Looking for an affordable family law attorney (possible sliding fee scale) for my daughter. The father of her children took her two kids (8 year old son; 4 year old daughter). There is no custody plan… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
Family law Question. I was in court last week for a
Family law Question.I was in court last week for a modification RFO on California child support. I am paid by the non custodian father and I am imputed income which is actually higher than what I make… read more
socrateaser
socrateaser
1,031 satisfied customers
What are the family law rights in the state of N.C for
What are the family law rights in the state of N.C for grandparents or Aunts? … read more
Ray
Ray
Lawyer
Doctoral Degree
32,146 satisfied customers
I am not the petitioner or respondent in a family law case
I am not the petitioner or respondent in a family law case between my daughter and her ex, but I was lied about (I am the maternal grandmother of two children in the case) that in the court document that was recently filed. The case goes to court Tuesday but I was only able to get my emailwith proof of service submitted today to the county clerk because I just found out about the inflammatory information stated about me a few days ago. Is it to late for me to have done this? I'm in San Mateo county in California .. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,826 satisfied customers
I am the respondent in a family law matter in Yavapai
I am the respondent in a family law matter in Yavapai County. The divorce decree was entered on 12/29/2017, and it required the Petitioner and me to negotiate on a couple of points. Petitioner refuses… read more
Ray
Ray
Lawyer
Doctoral Degree
32,146 satisfied customers
Need a family law attorney for Wyoming.. have a couple
Need a family law attorney for Wyoming.. have a couple questions about child support … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In California family law court a attorney is sanctioned does
Good Morning, in California family law court a attorney is sanctioned does the attorney pay the sanction from the clients retainer? If so isent the client … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
This is a question regarding family law in the State of
This is a question regarding family law in the State of Florida. Specifically Child Support. My wife and I represented ourselves in our divorce case for which the trial has already taken place Novembe… read more
Ray
Ray
Lawyer
Doctoral Degree
32,146 satisfied customers
I have a family law hearing at 8. I have a family law case
I have a family law case at 8:30 am in Toorance, ca. Have a few questions I'm hoping to get answered. I'm representing myself … read more
Ray
Ray
Lawyer
Doctoral Degree
32,146 satisfied customers
I need to locate a family law attorney in the Southlake
I need to locate a family law attorney in the Southlake Texas area … read more
Damien Bosco
Damien Bosco
4,188 satisfied customers
What is evidentiary declarations in a family law ex parte.
What is evidentiary declarations in a family law ex parte … read more
Ray
Ray
Lawyer
Doctoral Degree
32,146 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x