To file a motion for default judgment in Texas, you need a PDF packet containing four documents: the motion itself, a Rule 239a certificate listing the defendant’s last known email and mailing addresses, an affidavit of military status under the Servicemembers Civil Relief Act, and a proposed order for the judge to sign. Texas does not publish a single statewide PDF packet, so you assemble these from template sources and file them electronically after the defendant’s answer deadline has passed.
When You Can File
A defendant served with a Texas lawsuit has until 10:00 a.m. on the Monday following the expiration of 20 days after service to file an answer. If the 20th day itself lands on a Monday, the deadline moves to the following Monday. You cannot move for default until that deadline passes with no answer on file.
There is a second clock to watch. Texas Rule of Civil Procedure 107 requires the proof of service to be on file with the clerk for at least 10 days before the judge can sign a default judgment, and the count excludes both the day of filing and the day of judgment.1South Texas College of Law. Texas Rules of Civil Procedure Rule 107 – Return of Service (2012) A return filed on June 1 is not ripe for a default signed on June 8; the earliest the judge could sign is June 12. Rule 239 then authorizes the plaintiff to take a default judgment any time after the answer deadline, provided the Rule 107 period has run.2South Texas College of Law. Rule 239 – Judgment by Default
One boundary worth noting: if the defendant filed an answer but then failed to appear for trial, that is a post-answer default, which runs on different notice and procedure rules than the no-answer default this article covers.3South Texas College of Law Houston. Rule 503.1 – If Defendant Fails To Answer
What Goes in the Filing Packet
The Motion
The motion itself is short. It needs to establish three facts: the defendant was properly served, the answer deadline has expired, and no answer has been filed. Attach the return of service (or cite its file date and the Rule 107 10-day period), state the deadline that passed, and ask the court to render default judgment under Rule 239.
Rule 239a Certificate of Last Known Addresses
Rule 239a requires the plaintiff or plaintiff’s attorney to give the clerk a written certificate listing the defendant’s last known email address and last known mailing address. The certificate must be on file at or before the time the judge signs the judgment.4South Texas College of Law Houston. Texas Rules of Civil Procedure Rule 239a – Notice of Default Judgment The clerk uses both addresses to mail formal notice of the judgment, including the case number, the names of the parties, and the date the judgment was signed. Wrong or stale addresses are one of the most common grounds a defendant uses to attack a default later, so verify both before filing.
Affidavit of Military Status
Federal law under the Servicemembers Civil Relief Act requires every plaintiff seeking a default judgment to file an affidavit stating whether the defendant is on active military duty. If the defendant is on active duty, the court cannot enter default without first appointing an attorney to represent them. If you cannot determine the status, the affidavit must describe the steps you took to find out.5Office of the Law Revision Counsel. 50 U.S. Code 3931 – Protection of Servicemembers Against Default Judgments
You verify status through the Department of Defense SCRA site at scra.dmdc.osd.mil. The site lets you submit a single-record request or upload multiple records to receive a certificate confirming active-duty status. A free account is required.6SCRA. SCRA – Servicemembers Civil Relief Act Print the certificate and attach it to the affidavit. Many Texas judges will not sign a default without seeing it.
Proposed Order
Submit a proposed order along with the motion. It should mirror the relief requested in your petition, spell out the exact dollar amount awarded, and include language granting pre-judgment and post-judgment interest at the statutory rate. If the proposed order is silent on post-judgment interest, you risk losing it. Once the judge signs, the clerk mails notice to the addresses on your 239a certificate.4South Texas College of Law Houston. Texas Rules of Civil Procedure Rule 239a – Notice of Default Judgment
Where to Find PDF Templates
Texas has no single statewide PDF packet for default judgments. Several sources carry usable templates:
- TexasLawHelp.org has fillable forms for motions, proposed orders, and 239a certificates of last known address.
- Your county clerk’s website may post court-specific forms; local judges sometimes have their own preferred format.
- Attorneys generally generate these documents from practice-management templates rather than public forms.
Before filing, confirm your judge or court does not require a specific local form. Some courts post standing orders listing what must appear in a default judgment order.
How the Court Will Set Your Damages
The dollar amount in your proposed order depends on what kind of claim you brought. This matters when you draft the order, because the court is not going to award a number you have not supported.
Liquidated Claims
When the amount owed is fixed by a written instrument such as a promissory note, lease, or signed contract, Rule 241 lets the judge calculate the total from the document without a hearing. Submit the original or a verified copy and the court applies its terms.7South Texas College of Law Houston. Texas Rules of Civil Procedure Rule 241 – Assessing Damages on Liquidated Demands (1941) This is the fastest path to a signed judgment.
Unliquidated Claims
Personal injury, property damage, and any claim where the amount is not fixed on paper trigger Rule 243, which requires the court to hear evidence on damages before entering judgment.8South Texas College of Law Houston. Texas Rules of Civil Procedure 243 – Unliquidated Demands Expect the court to set a prove-up hearing. Bring sworn affidavits, medical bills, repair estimates, or live testimony. Treat it like a mini-trial: originals of key documents, organized exhibits, a short damages summary the judge can follow. Plaintiffs who show up with disorganized documentation routinely walk away with less than they asked for.
Attorney Fees
If your underlying claim allows recovery of attorney fees, detailed evidence is required. Under Rohrmoos Venture v. UTSW DVA Healthcare, a fee request must include a description of the particular services performed, who performed them, approximately when, the reasonable time spent, and the reasonable hourly rate for each person who worked on the case.9FindLaw. Rohrmoos Venture v. UTSW DVA Healthcare LLP (2019) Testimony that you spent “a reasonable amount of time” will not support an award. Contemporaneous billing records are not technically required, but courts strongly encourage them.
Post-Judgment Interest
Once signed, the judgment begins to accrue interest. Texas Finance Code Section 304.003 ties the post-judgment rate to the Federal Reserve’s prime rate, with a 5% floor and 15% ceiling. The consumer credit commissioner publishes the applicable rate on the 15th of each month for judgments signed the following month.10State of Texas. Texas Finance Code FIN 304.003 – Judgment Interest Rate Put the statutory-rate language directly in your proposed order.
How to File the Packet
Attorneys must file civil documents electronically through eFileTexas.gov.11eFileTexas.Gov. eFileTexas.Gov – Official E-Filing System for Texas Pro se parties are generally not required to e-file under Rule 21(f)(1), though some courts have local rules that require it anyway.12South Texas College of Law Houston. Rule 21 – Filing and Serving Pleadings and Motions (2023) Call your clerk before trying to file in paper.
When you upload the packet, select the filing code labeled “Motion for Default Judgment.” Using that code routes the document to the judge’s coordinator; a generic filing code can leave it sitting in a general queue for weeks. For liquidated claims with clear documentation, some judges will sign the judgment on the papers alone. For unliquidated claims, expect a prove-up setting under Rule 243.
After the judge signs, the clerk sends written notice to the defendant at the email and mailing addresses on your 239a certificate. Keep a copy of the signed judgment and the clerk’s notice in your file. If you ever need to enforce or defend the judgment, both documents will matter.