Form 26-3

For a motion to set aside default judgment, see form 26-1. For a motion to set aside default judgment after service by publication, see form 26-2.

NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Motion to Set Aside Default Judgment Because of Military Service

This Motion to Set Aside Default Judgment Because of Military Service is brought by [name of movant], [party designation], who shows in support:

1.This motion is presented not later than ninety days after the date of [name of movant]’s [termination of/release from] military service, as required by 50 U.S.C. § 3931(g).

2.[Name of movant] did not make an appearance in this case. The default judgment was entered on [date], which was [during/within sixty days after the [termination of/release from]] [name of movant]’s military service. [Name of movant] was in military service [specify details] from [date] until [date].

3.[Name of movant] was materially affected by reason of [name of movant]’s mili­tary service in making a defense in this case. Specifically, [state how movant was materially affected].

4.Petitioner’s cause of action is based on [describe nature of cause of action]. To this cause of action, [name of movant] has the [meritorious/legal] defense of [state specific facts regarding defense].

[Name of movant] prays that the Court grant the Motion to Set Aside Default Judgment Because of Military Service.

   
[Name]
Attorney for [name of movant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]

Notice of Hearing

The above motion is set for hearing on __________________ at ____________ __.m. in [designation and location of court].

SIGNED on ________________________________.

   
Judge or Clerk

Certificate of Service

I certify that a true copy of this [document/[title of document]] was served in accor­dance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:

[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]

   
[Name]
Attorney for [name of movant]

Affidavit of [name]

[Name] appeared before me in person today and stated under oath as follows:

“My name is [name of respondent]. I am above the age of eighteen years, and I am fully competent to make this affidavit. I am the movant in this Motion to Set Aside Default Judg­ment Because of Military Service. The facts stated in this affidavit are within my personal knowledge and are true and correct.

   
[Name of affiant]

SIGNED under oath before me on ______________________________.

   
Notary Public, State of Texas