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Appealing a JP Default Judgement to the 2nd Court of Appeals

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January 10, 2009, 09:02
Roger Fraley
Appealing a JP Default Judgement to the 2nd Court of Appeals
The street I live on had its name changed by the City about 18 months ago. We often get other people's mail and sometimes we never get our own mail or we get it a month late.

I did not get a trial notice for a JP Court in Tarrant County, TX. I was the Defendant and since I did not show up, I have a Default Judgement against me. I did show up to all of the other court appointments - mediation, etc. The Notice of Trial was sent regular mail and the JP Court refused to grant me a new trial since they did not get their Notice returned to them.

I wanted to appeal it (Trial De Novo?) but the appeal bond was two times the Judgement $7,000 x 2 = $14,000) and I did not have the money.

I did hire an Attorney to help me and the Attorney told me that I would need two Sureties and $14,000 to appeal the case. I asked the Attorney if it was one or the other and the Attorney insisted, in an email to me, that it was both. The Attorney also told me that I had only 20 days from the Default Judgement to appeal the Case to the Court of Appeals.
I ended up doing nothing since I did not have $14,000. I recently called the Court Clerk and she told me that I could have filed a Supersedeas Bond with two Sureties, and without the 14,000, within 30 days of the Default Judgement? Is that true? Sorry for the long posting.

Roger
January 12, 2009, 08:41
rk
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