v. Barnes, 975 S.W.2d 535, 537 (Tex.1998). A petition for bill of review must be filed after the trial court’s plenary pow er expires, but within Texas’ residual four-year statute of limitations. To set aside a judgment by bill of review, the petitioner must ordinarily plead and prove (1) a meritorious defense to the cause of action, (2) that the petitioner was prevented from making the defense by the fraud, accident, or wrongful act of the opponent, and (3) the petitioner was not at fault or negligent. Id. However, when the petitioner was not properly served, constitutional due process relieves him or her from showing the first two of the three requirements. Id. And the third element is conclusively established if the petitioner proves that he or she was never served with process. Id. (<HOLDING>). If the petitioner proves lack of service, the
holding that default judgment could not be rendered after the defendant had served plaintiff with a copy of a motion to dismiss that had not then been filed holding that no judgment can be rendered against defendant who cannot be held liable holding that it was improper for the court to grant a default judgment where the process server stated in his affidavit that he served an unidentified individual holding that a default judgment cannot withstand a direct attack by a defendant who was not served in strict compliance with the appropriate service rules holding that an individual who is not served cannot be at fault or negligent in allowing a default judgment to be rendered