Q: I hired an attorney in a civil case and I'm the plaintiff, and he missed the court date. I lost my case. what can I do?
I served my ex-husband papers with Motion to Modify to get standard visitation rights to see my kids. My lawyer failed to notify me of the court date nor did he show up for court either. My ex-husband and his attorney were the only ones there. So the judge ruled in his favor with prejudice against me. I've tried contacting my lawyer twice about this issue. And he has not responded back. What can I do? Court date was set up in caldwell County, in Texas.
A:
In this case because neither yourself (nor your attorney) showed for the court hearing, a default judgment was entered against you. Depending on when the Judge signed the default order, you may be able to file a Motion for New Trial to request that you be granted another hearing. You have 30 days from the date the default judgment/order was signed to file your Motion for New Trial.
I hope this information helps. Good luck to you.
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