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 P. Simmons Your Own Question
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 34340
Experience:  12+ yrs. of experience including real estate law.
11181181
Type Your Real Estate Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

I rented my home a couple years ago as I was having

Customer Question

Hello,
JA: Hello. How can I help?
Customer: I rented my home a couple years ago as I was having difficulties financially. From the very first day I had issues with the tenants. They destroyed my home and I did not give them back their deposit. They filed a law suit against me. at that time I was in bankruptcy and my attorney for bankruptcy filed a response. Since then I heard nothing from tenants or their attorney but today I got a letter from the court stating a default judgement of $9,000 ordered to pay tenant. I NEVER got a notice of any hearings taking place. Can an appeal be filed?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has any paperwork been filed?
Customer: only my response from my bankruptcy attorney letting them know I was in bankruptcy. Had not heard anything more from anyone
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can I file an appeal?
Submitted: 14 days ago.
Category: Real Estate Law
Expert:  P. Simmons replied 14 days ago.

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 14 days ago.

Can you tell me, how long ago was the judgment entered?

Customer: replied 14 days ago.
about a year and a half ago. I had not heard from anyone until today rom the court for default judgement. I am out of bankruptcy now
Customer: replied 14 days ago.
Was just wanting to know if I did not get notice of a hearing, can I file an appeal
Expert:  P. Simmons replied 14 days ago.

Thanks
It is way to late to appeal (you have to file an appeal within 30 days of the judgment)

That said, it MAY be you can have the judgment vacated/set aside.

IF you never received notice of the lawsuit (if they never served you process), that would be a basis to have the judgment vacated. It would not remove the entire suit...but it would remove the judgment and let you go back into court to argue your case.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 14 days ago.
I just received the notice of default judgement today
Expert:  P. Simmons replied 14 days ago.

I understand...but if the judgment was issued over 30 days ago? It is too late to appeal.

But you CAN file a motion with the court to vacate the judgment. What you are desciribing, you have a good claim. Consider hiring a local attorney to assist

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 14 days ago.
received good assistance. Thanks
Expert:  P. Simmons replied 14 days ago.

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

Related Real Estate Law Questions