A default judgment in Texas is a binding court order entered against a defendant who was properly served with a lawsuit but failed to file a written answer by the deadline. It carries the same legal weight as a judgment after a full trial, and the plaintiff can begin collection almost immediately. If one has been entered against you, you have a short window to try to set it aside, and specific rules control whether that effort will succeed.
When a Texas Court Can Enter One
Two things must be true before a judge signs a default judgment under Texas Rule of Civil Procedure 239: the defendant was properly served, and the answer deadline passed with nothing on file.1Texas Rules Project. Rule 239 – Judgment by Default
The answer deadline is 10:00 a.m. on the first Monday after 20 days from the date of service. Count 20 days from service (weekends and holidays included), then go to the following Monday. If the 20th day itself lands on a Monday, the deadline is the Monday after that.2Texas Rules Project. Rule 99 – Issuance and Form of Citation Missing that hour by any amount puts the defendant in default.
Before the judge signs, the plaintiff must file a certificate of the defendant’s last known mailing address, so the clerk can send notice after judgment,3Texas Rules Project. Rule 239a – Notice of Default Judgment plus a sworn statement about the defendant’s military status. Under the federal Servicemembers Civil Relief Act, no default can be entered without that affidavit, because service members may be unable to respond while on active duty.4United States Courts. Servicemembers Civil Relief Act
Most defaults happen because a defendant never files an answer. A defendant who does file an answer but then skips trial can also lose by default, though the court will hear evidence on liability and damages before signing.5Texas Rules Project. Rule 508.3 – Default Judgment
Why Proper Service Matters So Much
Service of process is the foundation of the whole judgment. If it was defective, the judgment can be thrown out. Texas permits personal delivery, certified or registered mail with return receipt requested, and, when those fail, substituted service by court order (which can include leaving papers with someone over 16 at the defendant’s likely location, or service by email or social media in some cases). All of these trace back to a constitutional floor: notice reasonably likely to reach the defendant and give them time to respond.6Texas Rules Project. Rule 106 – Method of Service
The person who serves the papers files a return of service with the date, time, address, method, and identity of the server. Certified mail service requires the signed return receipt to be attached. Missing or inconsistent information on the return can give a defendant a path to challenge the judgment later.7Texas Courts. Texas Rules of Civil Procedure – Rule 107
What Happens the Moment the Judgment Is Signed
When the judge signs, the court clerk must immediately mail written notice to the defendant at the address on the plaintiff’s certificate, identifying the case, the parties, and the date the judgment was signed.3Texas Rules Project. Rule 239a – Notice of Default Judgment That notice matters, because it starts the clock on your options for challenging the judgment.
Post-judgment interest also begins running from the date of signing. Texas publishes the rate monthly under Texas Finance Code Section 304.003; as of early 2026 it is 6.75% per year.8OCCC Texas. Historical Table of Postjudgment Interest Rates Interest keeps accruing on the unpaid balance until the judgment is satisfied, so a judgment that sits uncollected for years can grow substantially.
How the Plaintiff Can Collect
With a signed judgment, the plaintiff is now a judgment creditor. A few tools are common.
An abstract of judgment, filed in a county’s real property records, creates a lien on any non-exempt real property the defendant owns in that county, including property acquired later. The defendant generally cannot sell or refinance without paying off the judgment.9State of Texas. Texas Property Code Section 52-001 – Establishment of Lien To reach property in multiple counties, the creditor files an abstract in each one.
A writ of execution directs a sheriff or constable to seize and sell non-exempt personal property, such as vehicles or equipment.
For assets that are harder to seize physically, like financial accounts, business interests, or rental income, the creditor can seek a turnover order under Texas Civil Practice and Remedies Code Section 31.002. The court can order the defendant to hand over non-exempt property, or appoint a receiver to locate and collect assets, with authority to sell them and apply proceeds to the judgment.10State of Texas. Texas Civil Practice and Remedies Code 31-002 Receiver fees can reach 25% of what is collected and are paid on top of the judgment. A defendant who refuses to comply with a turnover order can be held in contempt.
What Texas Exemptions Protect
Texas has some of the strongest debtor protections in the country, and they sharply limit what a judgment creditor can actually take.
Your Home
A primary residence is protected from most judgment creditors with no dollar cap. The limits are on acreage: up to 10 acres for an urban homestead, and up to 100 acres for a single person or 200 acres for a family in a rural area. Sale proceeds from a homestead stay protected for six months. An abstract of judgment creates a lien on non-homestead real property, but the home itself is generally off-limits.
Personal Property
Texas Property Code Chapter 42 protects a broad list of personal property, capped in aggregate value at $100,000 for a family and $50,000 for a single adult.11State of Texas. Texas Property Code Chapter 42 – Personal Property Exemption The protected categories include home furnishings and heirlooms, clothing, tools of a trade, one motor vehicle per licensed driver in the household, two firearms, athletic and sporting equipment, household pets, and certain livestock. Jewelry is exempt up to 25% of the applicable aggregate limit.
Wages
The Texas Constitution prohibits garnishing current wages for most civil judgments. The only exceptions are court-ordered child support and spousal maintenance.12Justia Law. Texas Constitution Article 16 Section 28 A creditor holding a default judgment for a breach of contract, a car accident, or any ordinary civil claim cannot garnish a Texas paycheck. Once wages hit a bank account and mix with other funds, though, the protection is harder to enforce, which is why turnover receivers often target bank accounts.
Setting Aside a Default Judgment Within 30 Days
The main tool for undoing a default is a motion for new trial, filed within 30 days of the date the judge signed the judgment. In justice court, the window is only 14 days.5Texas Rules Project. Rule 508.3 – Default Judgment
To win the motion, a defendant must satisfy all three parts of the Craddock test from Craddock v. Sunshine Bus Lines, Inc.:13Justia Law. Craddock v. Sunshine Bus Lines – Texas Supreme Court
- The failure to answer was not intentional or the result of conscious indifference, but a mistake or accident. Conscious indifference means the defendant knew about the lawsuit and didn’t care. Forgetting a deadline, misunderstanding the papers, or never actually receiving them despite technically valid service can each qualify as a mistake.
- The defendant has a meritorious defense, meaning facts that, if believed, would change the outcome. You don’t have to prove the defense will win, only that it isn’t frivolous.
- Granting a new trial will not cause unreasonable delay or unfair prejudice to the plaintiff. Offering to reimburse the plaintiff’s costs of obtaining the default often helps here.
Courts are supposed to apply Craddock liberally in favor of granting new trials, but a defendant who can’t explain why the answer was missed, or who can’t identify any factual defense, will lose even under a generous standard.
Options After the 30 Days Pass
Once the 30-day window closes, two narrower paths remain.
Restricted Appeal
A restricted appeal must be filed within six months of the judgment and goes directly to the court of appeals. To qualify, the defendant must not have participated in the hearing that produced the judgment (in person or through counsel) and must not have filed any post-judgment motions or a timely notice of appeal.14Texas Courts. Texas Rules of Appellate Procedure – Rules 26.1 and 30 The appellate court reviews only the existing trial-court record and reverses only for an error apparent on the face of that record, such as defective service or a judgment awarding more than the petition requested.
Bill of Review
A bill of review is the last resort and must generally be filed within four years of the judgment. It’s a separate lawsuit asking the court to set aside the prior judgment. The defendant must show a valid defense to the original claims, that they were prevented from presenting it by the opposing party’s fraud, accident, or wrongful conduct (or by an official mistake), and that none of the failure was their own fault.15Texas Supreme Court. Opinion on Bill of Review Bills of review are intentionally difficult to win; courts treat final judgments as settled unless something genuinely went wrong.
Service by Publication
If the defendant was served by publication (a newspaper notice used when the defendant can’t be located), Rule 329 extends the motion-for-new-trial deadline to two years after the judgment was signed, provided the defendant shows good cause.16Texas Rules Project. Rule 329 – Motion for New Trial on Judgment Following Citation by Publication If property was already sold under the judgment, the defendant can recover the sale proceeds rather than the property itself.
How Long a Default Judgment Stays Enforceable
A Texas judgment doesn’t last forever. If the creditor does not issue a writ of execution within 10 years after the judgment was rendered, the judgment goes dormant and can no longer be enforced. A dormant judgment can be revived, but only through affirmative steps by the creditor. For a defendant, a decade of inaction on the other side can strip the judgment of practical force. For a creditor, keeping collection alive means tracking those renewal deadlines.