Bill of Review Eligibility Checker

A bill of review is how you ask a Texas court to set aside a judgment after the ordinary deadlines have run. The governing test comes from Baker v. Goldsmith, 582 S.W.2d 404, 406–07 (Tex. 1979), and it has three elements. This tool walks them.

1. What date was the order signed? On the last page of the order, near the judge's signature. If you are unsure, use your best estimate.

2. What date did you first learn the order existed? The day you actually found out — not the day it was signed.

3. How were you served with the original case? Service is the formal delivery of the lawsuit papers. I was never served at all Papers went to an address I did not live at Service was by publication or posting I was handed the papers in person I am not sure

4. Is there a return of service in the court file? Rule 107 requires the server to file proof of service. Check the docket with the district clerk. No return of service was filed Yes, there is one I have not checked yet

5. Did you know the case was happening and choose not to respond? No — I did not know it existed I knew something was going on but never got the papers Yes — I knew and did not respond

6. Did the other party or their attorney do something that kept you from finding out? For example: certifying an address they knew was wrong, not answering your messages, or not mentioning the order existed. Yes, and I can point to specific conduct I suspect so but cannot prove it yet No — I think it was a mistake or my own oversight

7. If you had been in court, would you have contested the outcome? This is the "meritorious defense" element — you must show you had something real to argue. Yes, and I have evidence to support it Yes, but I am not sure what evidence I have No — I would likely have agreed to the same result

8. Have you already filed a motion for new trial, restricted appeal, or appeal in this case? No Yes

Check the three elements

How the Baker Test Works

Under Baker v. Goldsmith, a bill of review petitioner must ordinarily plead and prove all three of these:

1. A meritorious defense to the claim in the original case — something you would actually have argued.
2. That you were prevented from making that defense by the fraud, accident, or wrongful act of the opposing party, or by official mistake.
3. That the failure was unmixed with any fault or negligence of your own.

The non-service exception

If you can prove you were never served at all, the burden changes substantially. Under Peralta v. Heights Medical Center, 485 U.S. 80 (1988), and Caldwell v. Barnes, 154 S.W.3d 93, 96–97 (Tex. 2004), a petitioner who establishes non-service is relieved of proving a meritorious defense and of proving fraud, accident, or wrongful act. A judgment entered without service violates due process on its own.

This is the single most important thing to determine early, and it is why the return of service matters so much. See improper service in Texas custody cases.

The four-year deadline

A bill of review is generally governed by the four-year residual limitations period in Tex. Civ. Prac. & Rem. Code § 16.051, running from the date the judgment was signed.

Be careful with the common claim that a void judgment can be attacked at any time. It is true only in a narrow sense: a no-deadline collateral attack requires the defect to be apparent from the face of the record. PNS Stores, Inc. v. Rivera, 379 S.W.3d 267, 272–73 (Tex. 2012). Where a return of service falsely recites valid service, the record looks regular and proving otherwise takes evidence from outside it — which means a bill of review inside four years. Plan around four years.