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Ely
Ely, Counselor at Law
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What is the correct filing against an Interlocutory Default

Customer Question

What is the correct filing against an Interlocutory Default Judgement to keep the judge from signing?
Submitted: 7 years ago.
Category: Legal
Expert:  Ely replied 7 years ago.
Hello,



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He's filed a motion, so it is not guaranteed that it will be approved by the Judge. What you need to do is to file an answer, and then show up at the hearing for the default judgment and with luck, it would be denied. If their motion does not ask for a hearing and wants the Judge to simply consider it, then SET it for a hearing (each side has the right in Texas to ask for an oral hearing on summary or default judgments) and then argue against it. Let me know if you need a sample template.

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Ely and 3 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
Please send a template so that I may answer the Interlocutory Default Judgement and request a ruling by the Judge.
Expert:  Ely replied 7 years ago.
My pleasure.TITLE AND PARTIES (just copy of their filing)

DEFENDANT’S ORIGINAL ANSWER TO PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT (centered)

NOW COMES Non-Movant, YOUR NAME, named Defendant in the above-entitled and numbered cause, and files this Original Answer to Movant’s Motion for Default Judgment, and shows the Court:

PARTY IDENTIFICATION INFORMATION 1. The last three digits of the driver's license number of YOUR NAME are ...... The last three digits of the social security number for YOUR NAME are .....

GENERAL DENIAL Non-Movant denies each and every allegation of Movant's Original Petition, and demands strict proof thereof as required by rules of evidence and procedure for the State of _________.

PRAYER Non-Movant prays the Court, after notice and hearing or trial, enters judgment in favor of Non-Movant, awards Non-Movant the costs of court, attorney's fees, and such other and further relief as Non-Movant may be entitled to in law or in equity.

Respectfully submitted,

Your Signature

Your name

(NEW PAGE)

CERTIFICATE OF SERVICE (centered)

I certify that on (date filed) a true and correct copy of Non-Movant's Original Answer was served to the opposite party via (fax/cert mail).

Your Signature

Your name

You file a copy with the Court, and file a copy with the opposite side by cert letter (RRR) or a fax to the attorney if it is an attorney with fax confirmation.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



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Customer: replied 7 years ago.

This answer was originally filed in a timely manner. However, the Plantiff does not believe the answser was sufficient (as it was general) and has therefore asked the court for an Interlocutory Default Judgement. Also, this case involves our Texas Corporation and three of the officiers, including myself. Therefore, since the original answer was filed and the court copy sent to the Plaintiff, what would be the proper response to stop the Interlocutory Default Judgement before the trial date?

Expert:  Ely replied 7 years ago.
The argument would be that it IS sufficient enough, simply as that. I don't see too many interlocutory default judgments being rendered, so as long as you make your points, the Judge SHOULD deny it.
Customer: replied 7 years ago.
How do I go before the Judge to make sure the interlocutory default judgement is not signed?
Expert:  Ely replied 7 years ago.
You call the court clerk and ask if there is a hearing on this motion, and if not, then ask to set one and notice the other party by certified letter of time and date.
Customer: replied 7 years ago.

Ok. If we go before the judge for the motion, what document will we need to present other than our original answer? The Plantiff will be presenting the motion for Interluctory Default Judgement and what legal document should we have to respond?

Expert:  Ely replied 7 years ago.
That's what I posted before - Defendant's Answer to Plaintiff's Motion for Interlocutory Summary Judgment. It doesn't have to be anything grand.