According to court documents, Austin sued American Matar and several other insurance companies, claiming that they wrongfully had failed to cover an insurance claim. He obtained a default judgment against American Matar for $150,000.00. American Matar did not know about the lawsuit or the judgment; however, because Austin had not followed the requirements for serving a defendant under Texas Law, when American Matar learned of the judgment it was too late to file an appeal.

American Matar retained The Law Office of David A. Fernandez, P.C. to represent it. “Texas has certain procedures for serving a defendant and Mr. Austin did not follow those procedures,” Fernandez said. “This caused significant errors in the original lawsuit. We filed a petition for a bill of review, which is a mechanism for vacating a judgment after the deadline to file an appeal has passed. We argued that Mr. Austin’s failure to serve American Matar properly denied American Matar its right to present a defense and made the judgment void.”

The 189th District Court agreed. When the law firm filed a motion for summary judgment, the district court ruled in American Matar’s favor. It granted a summary judgment and issued a bill of review, vacating Austin’s default judgment against American Matar. The court also released $150,000.00 of American Matar’s money that had been deposited with the court’s registry.

“It is important to know that because someone obtained a judgment against you some time ago, you may still have options,” Fernandez pointed out. “If you learn you have a judgment against you, contact a reputable attorney to see if there is a way to vacate the judgment so that you can present your defense to the original claim."

David A. Fernandez was named one of America’s top 100 civil defense litigators due to his stellar results and litigation experience, as well as his reputation in the community and with his peers. The award is granted to only half a percent of attorneys in the United States and is a significant honor.

If you have been sued by a creditor or you believe you will be, please contact The Law Office of David A. Fernandez, P.C. at 713-893-3244 for a free consultation to see if the firm can help you.

About David A. Fernandez, The Law Office of David A. Fernandez, P.C.

David A. Fernandez focuses his practice on debt defense, bankruptcy, fraud, personal injury, business litigation and wrongful death. He is a member of the Texas Bar Association, Consumer Law Section of the Texas State Bar Association, and State Bar of Texas. For more information, please call 713-893-3244, or visit www.yourhoustonconsumerattorney.com.