[TX] [TX] How to appeal a default judgment in an HOA case
How can I appeal a default judgment entered against me by my homeowners association (HOA)?
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1. Setting aside a deafault judgement
It is possible to challenge a default judgment, but the first step is not a direct appeal. You must first file a Motion to Set Aside (or Vacate) the Default Judgment in the same trial court that issued it. Only after that motion is denied would you have grounds to appeal the denial to a higher court. Appealing the default judgment itself is generally not effective because the appellate court only reviews the trial court’s rulings for legal errors. If you didn’t respond to the lawsuit, there’s usually no “error” for them to review.
So, the correct first step is to file a motion to vacate and explain your reasons for not answering or appearing on time.
2. Texas deadline and procedure
In Texas, the deadline to file a motion to vacate a default judgment is generally 30 days from the date the judgment was signed. TexasLawHelp.org provides free step-by-step instructions and downloadable forms. If your motion is filed and denied, you can then appeal that denial to the Court of Appeals.
But if it has been longer than 30 days since the judgment and no motion was filed, the appellate court no longer has jurisdiction to review it.
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Full Conversation
I need help appealing a default judgment regarding my HOA.
Lexi, Chatbot
I understand that dealing with a default judgment can be stressful. Can you tell me when the default judgment was issued?
I don’t know.
Lexi, Chatbot
Have you already taken any steps to appeal the judgment, or is this your first attempt?
This is my first attempt.
Lexi, Chatbot
Is there anything else the real estate lawyer should know before I connect you?
Yes.
Jon
Hello and thank you for reaching out. My name is Jon, and I’m a licensed attorney with over 13 years of experience. I understand that legal matters like this can feel overwhelming, but you’re in good hands. I’ll make things as clear as possible and walk you through what you can do.
What state is the case filed in?
Texas.
Jon
Got it. And what was the date of the judgment?
July 16, 2024.
Jon
Understood. Was this a default judgment entered against you because you didn’t respond to the lawsuit?
Yes.
Jon
Okay. Here’s how this works in Texas.
Jon
1. Setting aside a deafault judgement
It is possible to challenge a default judgment, but the first step is not a direct appeal. You must first file a Motion to Set Aside (or Vacate) the Default Judgment in the same trial court that issued it. Only after that motion is denied would you have grounds to appeal the denial to a higher court. Appealing the default judgment itself is generally not effective because the appellate court only reviews the trial court’s rulings for legal errors. If you didn’t respond to the lawsuit, there’s usually no “error” for them to review.
So, the correct first step is to file a motion to vacate and explain your reasons for not answering or appearing on time.
2. Texas deadline and procedure
In Texas, the deadline to file a motion to vacate a default judgment is generally 30 days from the date the judgment was signed. TexasLawHelp.org provides free step-by-step instructions and downloadable forms. If your motion is filed and denied, you can then appeal that denial to the Court of Appeals.
But if it has been longer than 30 days since the judgment and no motion was filed, the appellate court no longer has jurisdiction to review it.
Okay, is there any way to appeal the finance charges and court costs? The judgment was for $7,000, but the HOA’s lawyer says I now owe $12,000.
Unfortunately, since it has already been a year since the judgment, it’s too late to appeal or challenge those costs through the appellate process. After one year, Texas courts generally will not reopen or modify the financial portions of a final judgment. However, in limited circumstances, you can still try filing a motion to set aside with the trial court, especially if you were never properly notified of the lawsuit or there was fraud or mistake involved. That would be your only possible avenue now.
How would I file that motion?
Jon
Please refer back to the link I shared above. It provides clear instructions and sample forms from TexasLawHelp.org explaining how to file a Motion to Set Aside a Default Judgment in Texas.
That site walks you through the process step by step.
Okay, thanks.
Jon
You’re welcome. I hope the information I provided helps and gives you a clear path forward. If you need any more clarification or want to discuss the next steps in detail, please don’t hesitate to reach out again.
I wish you the best of luck with your case.
Jon
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