I lost a default judgement in Texas about 3 years ago on a corporate note I personally guaranteed, can I vacate that judgement?

Asked over 1 year ago - Tampa, FL

The note was executed in 2003 and the statute of limitations had run before the judgement was obtained in 2010. In addition, the terms of the note specifically stated that jurisdiction was exclusively in the courts of Travis county. Although I answered the initial complaint, I did not receive any additional correspondence from the court or the opposing council, and several months later I was informed that another county in Texas had granted the judgement.

Unfortunately, I ignored the judgement as there was nothing I could do at that time, but now they hired an attorney in Illinois where I resided at that time. A bench warrant has been issued and I now reside in Florida. What recourse do I have?

Attorney answers (1)

  1. Russell J Hebets

    Contributor Level 10


    Lawyer agrees

    Answered . In a bankruptcy there would be a federal court proceeding that would stop all state collections. This would probably lead to the discharge of such a debt. If that option is too extreme for your current financial situation you should probably contact an attorney in the jurisdiction that they are suing you in.

    These statements do not constitute legal advice. They are meant to be general in nature, for any specific legal... more

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