There are several grounds upon which a district court may set aside a final default judgment, although the ultimate decision is to a certain degree within the discretion of the district court: The Federal Rules of Civil Procedure specifically provide for such a motion. Generally, though, what he or she will do is make an appearance in the lawsuit on your company’s behalf and immediately file a motion to set aside the default judgment. Once you’ve hired an attorney, you’ll of course want to follow his or her specific guidance tailored to your case. Also, in federal court, a corporate defendant cannot represent itself in the lawsuit, but must appear through a licensed attorney.
#Default judgment texas professional
There are procedural arguments that can be raised to challenge the default judgment, but you’ll need to show the court that you moved quickly after learning of the lawsuit and you’ll want the expertise of a legal professional to navigate the process.
You didn’t even know a lawsuit had been filed.įirst, it is important that you promptly hire a qualified attorney. As a result, your company is now liable to the plaintiff for thousands of dollars even though the plaintiff’s claims against your company are weak. So you just learned that a federal court in Texas has entered a default judgment against your company.
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