Q: I’m being sued any I would like to appeal?
I am seeking legal assistance in addressing a lawsuit filed against me during the pandemic. As a 72-year-old individual with limited technical proficiency, I was served via email. Currently, I am separated from my spouse, and we maintain separate residences while remaining legally married. The judgement enforcer is targeting the homestead where my wife resides. I wish to explore the possibility of appealing the judgement with the help of an appeal attorney or consult with a judgement specialist attorney. I suspect that the plaintiff took advantage of my advanced age and declining health. What are my options?
A:
Typically, a party has thirty days from the date a judgment is entered to appeal. This can be expanded up to 105 days if that party did not get timely notice of the entry of judgment or if certain post-judgment motions were filed.
In certain circumstances, a party can file a restricted appeal up to 180 days after a judgment was signed.
In certain unusual circumstances, a party can file a bill of review to challenge a judgment within four years of the date the judgment was signed.
Appellate lawyers often practice statewide. Our firm handles civil appeals in Texas. It seems likely from your description the judgment was granted by default and that there was not a lengthy trial. If so, our firm typically requires an initial retainer of $25,000 to begin work on an appeal.
A: I'm sorry this happened to you and your wife, given the difficult position you describe yourselves to be in. Depending on the underlying matter that led to the judgment, it could be worth exploring legal aid or pro bono assistance. Appeals tend to be costly and more complex than first-level legal matters - and it could be a longshot in terms of legal aid. But based on your financial need AND the nature of the original matter, it could be worth taking some time to look into. Good luck
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