To get a default judgment in Texas, you need proper service on the defendant, both statutory waiting periods to run out without an answer, and a clean set of papers filed with the court: a motion, a certificate of the defendant’s last known address, a military status affidavit, a proposed order, and proof of what you’re owed. The process is mechanical, but Texas courts are unforgiving about the details. One slip in service, timing, or paperwork gives the defendant a real chance to undo the judgment later.
Confirm Service Was Done Right
Everything else depends on this. Texas courts apply a strict compliance standard to service of citation when a default is challenged, and there are no presumptions in favor of valid service on direct attack. If the record doesn’t affirmatively show the defendant was served correctly, the judgment can be voided on appeal.
Rule 106 recognizes three methods:
- Personal delivery by a process server or constable, who hands the defendant a copy of the citation and petition.
- Service by registered or certified mail with return receipt requested.
- Substituted service, which requires a sworn motion and a court order. The motion must list where the defendant can likely be found and describe the specific attempts already made at personal or mail service. If granted, the court can authorize leaving the documents with someone over 16 at that location, or any other method reasonably likely to reach the defendant, including email or social media.1South Texas College of Law Houston. Texas Rule of Civil Procedure 106 – Method of Service (2020)
You cannot skip straight to substituted service. Without documented failed attempts and a signed order authorizing the alternative method, service is defective, and any default judgment built on it is vulnerable.
Wait for Both Deadlines to Run
Two separate clocks have to expire before the court can grant a default. Missing either one gets your motion rejected as premature.
The Answer Deadline
Under Rule 99(b), the defendant’s answer is due by 10:00 a.m. on the Monday next after 20 days from the date of service. Count 20 full days starting the day after service, then find the following Monday. If that Monday is a legal holiday, the deadline rolls to the next business day. Until this moment passes with no answer on file, you can’t move for default.
The 10-Day Return-on-File Rule
Rule 107 adds a second wait. The proof of service (the return) must be on file with the clerk for at least 10 days before the judge can sign a default judgment, and that count excludes both the day the return was filed and the day the judgment is signed.2South Texas College of Law Houston. Texas Rule of Civil Procedure 107 – Return of Service End-to-end, that’s at least 12 calendar days. If the process server files the return late, the clock doesn’t start until the clerk actually receives it.
The two deadlines run independently. A defendant served 30 days ago can’t be defaulted if the return of service was filed with the clerk only yesterday; you still owe the 10 days on that side.
File the Motion and Supporting Documents
The motion for default judgment itself is short. It identifies the case, the parties, and the relief you want. The supporting papers are where most plaintiffs get tripped up.
Certificate of Last Known Address
Rule 239a requires a certificate stating the defendant’s last known mailing address. This isn’t optional. The clerk uses it to mail the defendant notice of the signed judgment. The address should match what was used during service. If you know the defendant has since moved, provide the most current address you have.
Military Status Affidavit
Federal law forbids default judgments against active-duty servicemembers who haven’t appeared. Before the court can sign a default, you must file an affidavit stating whether the defendant is in military service, or stating that you were unable to determine their status.3Office of the Law Revision Counsel. 50 U.S. Code 3931 – Protection of Servicemembers Against Default Judgments Status can be verified through the Defense Manpower Data Center’s online search tool. If the defendant is on active duty, the court has to appoint an attorney to represent them before going further. A false affidavit carries serious penalties.
Proposed Judgment
Prepare a proposed order for the judge to sign, matching exactly what your motion asks for. Some judges won’t move forward without one. File it with the motion through the Texas e-filing system.
Prove Your Damages
A default establishes liability, but you still have to show how much you’re owed. How that works depends on the type of damages.
Liquidated Damages
When the amount is a fixed sum documented in a contract, promissory note, or account statement, sworn written evidence is often enough. A copy of the signed agreement and an affidavit showing the balance due will typically carry the day. Many courts grant default on liquidated claims without a hearing when the documentation is clean.
Unliquidated Damages
When the dollar amount isn’t fixed in advance, such as personal injury claims, property damage, or lost profits, the court needs more than paperwork. The judge will schedule a prove-up hearing. Come ready to explain how you calculated damages, to answer questions about how service was accomplished, and to hand up originals or certified copies of your supporting documents. An affidavit alone usually won’t do it for unliquidated claims.
For consumer debt cases, prepare a clear accounting: original balance, payments and credits applied, and how interest or fees accrued to the current amount. Organized documentation moves the hearing along and draws fewer questions.
What Happens After the Judge Signs
When the judge signs the judgment, the clerk mails notice to the defendant at the address you provided in the Rule 239a certificate. That mailing starts a countdown you need to respect.
Plenary Power: The 30-Day Window
The trial court keeps full authority to vacate, modify, or correct the judgment for 30 days after signing.4South Texas College of Law Houston. Texas Rule of Civil Procedure 329b – Time for Filing Motions If the defendant files a motion for new trial within those 30 days, plenary power extends for another 30 days after that motion is denied by written order or overruled by operation of law (which happens automatically 75 days after signing if the court doesn’t rule). During this window, the judgment isn’t truly final.
When Collection Can Start
A writ of execution generally cannot issue until 30 days after the judgment is signed, and only if no motion for new trial or supersedeas bond is pending. If a timely motion for new trial was filed, the writ has to wait until 30 days after that motion is denied or overruled. There’s a narrow exception: if you file an affidavit showing the defendant is about to move property out of the county or hide assets, you can request a writ before the 30 days are up.
How a Defendant Can Undo It
Worth knowing before you file, because your paperwork should assume the defendant will look for a way out.
The most common tool is a motion for new trial under the Craddock standard, filed within 30 days of the judgment. The defendant has to show the failure to answer resulted from accident or mistake rather than conscious indifference, that a meritorious defense exists, and that granting a new trial won’t unfairly prejudice you.5Supreme Court of Texas. In re R.R. (Craddock Standard Discussion) Forgetting the lawsuit or hoping it would go away usually doesn’t satisfy the first element. A hospitalization, a petition delivered to the wrong address, or a clerical error carries more weight.
After plenary power expires, the defendant’s only trial-court remedy is a bill of review, a separate lawsuit asking the court to set aside its earlier judgment. The standard is much higher: a meritorious defense, prevention from presenting it by fraud, accident, or wrongful conduct of the opposing party, and no negligence of the defendant’s own.
Defective service is the strongest ground of all. Because strict compliance is required, small errors can void the judgment: the wrong person served, a return that doesn’t match the rule, or substituted service without a prior court order. Anything you can do at the front end to keep the service record clean pays off here.