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I am in County Texas. I won a default judgment against my…

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I am in Harris County...
I am in Harris County Texas. I won a default judgment against my mortgage company, X. I was in the process of collecting the judgement from X when a bank, Y filed a motion to vacate my default judgement. The judge granted Bank Y's motion to void my default judgement? I do I appeal/file a writ of mandamus to reverse the order to void my default judgement? Thank you.
Submitted: 7 months ago.Category: Real Estate Law
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1/1/2018
Real Estate Lawyer: Alex Esquire, Attorney at Law replied 7 months ago
Alex Esquire
Alex Esquire, Attorney at Law
Category: Real Estate Law
Satisfied Customers: 16,978
Experience: Experienced Licensed Attorney / Real Estate Law Mentor
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Hello. My name is Alex.

Thank you for your question.

I will be happy to provide you with information you are seeking for educational purposes only.

I cannot comment on your specific case, but the Writ of Mandamus is used in cases where the appellant has evidence that the trial court judge has not fulfilled its duty properly or has abused its discretion, and in most cases if a default judgment was set aside, a petition for review would be proper, absent evidence that the trial court has engaged in abuse of discretion.

Here is the link to the official Texas courts website that explains appeals process:

http://www.txcourts.gov/supreme/practice-before-the-court/fees/

Unfortunately, when it comes to trial courts setting aside default judgments, it is common practice, as long as, the party against which the default judgment has been entered can show to the court that there was excusable neglect or some other legal reason as to why the default judgment should be set aside and the case should proceed on its merits and it is generally rare that the court of appeals would overrule such trial court decision.

I wish you the best of luck!

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Real Estate Lawyer: Alex Esquire, Attorney at Law replied 7 months ago

Please let me know if you have any related follow up questions?

Thank you.

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Real Estate Lawyer: Alex Esquire, Attorney at Law replied 7 months ago

Please let me know if you have any related follow up questions?

Thank you.

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Real Estate Lawyer: Alex Esquire, Attorney at Law replied 6 months ago
Please let me know if you have any related follow up questions?If not, please positively rate and accept my answer, so I can be compensated for my work.Thank you.
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