Legal Question in Civil Litigation in Texas

Financial Contract Default Settlement

As part of my Divorce, I agreed to pay my ex-wife a sum of money on a monthly basis. Due to unforseen circumstances, I did not pay for about a year. My ex-wife sued me (in Texas) for the entire amount. We then worked out a structured payment gareement that we both agree with. I sent a Notorized copy to the court. Her attorney says she still has to show up at the court date since she filed to tell the Judge she agrees with the settlement - which I know she will.

My question, which I hope is simple, do I have to show up for the court date myself? I now live out of state.


Asked on 2/08/05, 9:42 pm

1 Answer from Attorneys

Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: Financial Contract Default Settlement

A lot of that depends on the court, judge, and local practice. However, very generally:

Ideally - yes, show up

Absolute Worst Case Scenario - the fact that you're not there gives her the greatest possible judgment and/or recovery

Probable Worst Case Scenario - the judge boots the agreement (b/c you're not there) and a new court date is set at which time you have to appear

My Recommendation - fax and/or write the judge and clerk advising them of (a) the hardship involved in you having to personally attend the hearing, (b) your understanding that being present was not necessary, (c) your availability by telephone at a specific telephone number during the entire day of the hearing, (d) your understanding of the agreement reached between you and your ex, for which the court's blessing is sought, (e) your request to be contacted if and when your input and/or involvement is necessary, and (f) your request for a copy of the court's order to be sent to a specific address.

Be sure you request the clerk to file your letter into the court file. Make sure that your ex and your ex's attorney get a copy. Also, send a copy directly to the judge at their address. Do all of this asap. I'd be willing to bet that you'll be O.K. w/ that. Best of luck.

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Answered on 2/09/05, 2:48 pm


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