Can I modify or vacate a small claims court judgment?
Yes, it is possible to modify or vacate a small claims court judgment in Texas. Modifying a judgment involves changing or modifying the terms of the current judgment, while vacating a judgment involves completely removing a prior judgment. In order to modify or vacate a small claims court judgment in Texas, a motion must be filed with the court in which the judgment was entered. The motion must be accompanied by an affidavit, which is a sworn statement setting out the reasons for requesting the modification or vacation of the judgment. The motion and affidavit must explain why the modification or vacation is being sought and all relevant facts must be included. Once the motion has been filed, the other party will have the opportunity to respond and the court will then hold a hearing to consider the matter. At the hearing, both sides can present their arguments and the court will then decide whether or not to modify or vacate the judgment. It is important to note that modifications or vacations to small claims court judgments are not always granted. The judge will consider the facts of each case and will weigh the circumstances surrounding the pending decision. If a modification or vacation is not granted, it may be possible to appeal the decision.
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