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I live in Dallas and my spouse divorced me while I was out…

Customer Question
Hello, I live in...

Hello, I live in Dallas and my spouse divorced me while I was out of the country. So I couldn’t respond and he won judgement. He gave me custody of the kids which is what we discussed. But he took the properties. Should I even pursue this ?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Texas, Dallas county

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

Yes everything has been done and 60 days from the filling date has passed

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I did cut my wrist out of spite. And harassed a girl that he has been talking too. I had cheated first that’s why he wanted the divorce. I just wanted to see if I had a right to go after the properties I was left out of

Submitted: 7 months ago.Category: Legal
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Customer reply replied 7 months ago
Also after he filed is when I told him I am leaving the country
Answered in 16 minutes by:
1/6/2018
Lawyer: Ray, Lawyer replied 7 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,931
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: Ray, Lawyer replied 7 months ago

If you decide here to pursue this then a Bill o Review is your only remedy.

A Bill of Review in Texas is a good tool for attacking a judgment that was rendered against you without notice. With a Bill of Review, you are filing a new lawsuit with a different case number ***** the goal is to generally try and vacate the judgment and get a new trial.

A Bill of Review in Texas is often the last resort. You generally have four years to file the pleading from the date of the judgment as opposed to 10 or 30 days for other remedies. As you might expect, to prevail on a Bill of Review, you will likely need some pretty good evidence that you never received any notice of the lawsuit.

Traditionally, a bill of review requires proof of three elements: (1) a meritorious defense, (2) that was not asserted due to fraud, accident, or wrongful act of an opponent or official mistake, (3) unmixed with any fault or negligence by the movant.

Prevailing on Bill of Review in Texas is not an easy task. The first step is to pull the “return of citation” that is supposed to be filed with the court. The return is usually completed by a process server or constable who testified about how you were served with the lawsuit. A licensed attorney should inspect the return for any errors in form or substance.

Often times the consumer was not personally served but the court allowed “substituted service” under Texas Rule of Civil Procedure 106 whereby the lawsuit was left on the front door or with someone at the home pursuant to court order. Substituted service is allowed and can pose a problem for a Bill of Review, provided you actually lived at the address where the papers were left.

A Bill of Review is the only legal remedy after 60 days.It is a long shot here but you decide if you want to hire lawyer to do this.You might prevail here if your lawyer can meet the requirements.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated.

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