Default judgment in Texas: how to set it aside

What a default judgment means and how to ask the court to set it aside, with a deadline calculator.

Checked against official sources: Oct 24, 2026.

Short answer

A default judgment means the court decided against you because you didn't answer. Justice Court: file a motion to set aside the default judgment no later than 14 days after the judgment is signed, and send the plaintiff a copy by the next business day; the judge can grant it for good cause.

Shortest time to ask
14 days (Justice Court: motion to set aside or for new trial)
Time to answer
14 days

How a default happens in Texas

If you do not answer on time, the judge checks that you were properly served and then gives the plaintiff a default judgment. In a debt claim case, the plaintiff must still prove its damages. The clerk mails you notice of the judgment.

Canceling a default judgment in Texas

Justice Court: file a motion to set aside the default judgment no later than 14 days after the judgment is signed, and send the plaintiff a copy by the next business day; the judge can grant it for good cause. You can also file a motion for new trial within 14 days, or appeal within 21 days by filing a bond, cash deposit or Statement of Inability. County or District Court: file a motion for new trial within 30 days after the judgment is signed.

Law: Tex. R. Civ. P. 503.1; 505.3(b)-(c), (e); 506.1(a); 329b(a)

Count your deadline to set aside a default

The date is counted in your browser.

The court's name is at the top of the judgment.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

The judgment in Texas

Interest after the judgment

If the contract provides for interest, the lesser of the contract rate or 18% a year. Otherwise, the prime rate set monthly by the Consumer Credit Commissioner, but no lower than 5% and no higher than 15% a year.

How long it lasts

If no writ of execution is issued within 10 years after the judgment (or within 10 years after the last writ), the judgment becomes dormant. A dormant judgment can be revived within 2 years after it becomes dormant.

Law: Tex. Fin. Code §§ 304.002, 304.003; Tex. Civ. Prac. & Rem. Code §§ 34.001, 31.006

After a judgment in Texas

Mediation and settlement in Texas

A justice court judge may order any case to mediation or another alternative dispute resolution process.

Law: Tex. R. Civ. P. 503.5

Servicemembers

Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service.

Law: 50 U.S.C. 3931(b)(1)

Your next steps in Texas

  1. Find the judgment

    Get the judgment from the clerk; the date on it starts your time limits.

  2. Act within the time limit

    The rule in Texas: Justice Court: file a motion to set aside the default judgment no later than 14 days after the judgment is signed, and send the plaintiff a copy by the next business day; the judge can grant it for good cause.

  3. Say why you missed it

    Write down why you missed the deadline and why you don't owe what they claim.

  4. Protect your money

    Read After a judgment in Texas.

Where to get free help in Texas

Questions about default judgments in Texas

How many days do I get to answer in Texas?

Justice Court: by the end of the 14th day after you were served. If that day is a Saturday, Sunday or legal holiday, or the court closes before 5:00 p.m., it is due the next business day. County or District Court: by 10:00 a.m. on the Monday after 20 days have passed since you were served.

What if I miss the deadline in Texas?

If you do not answer on time, the judge checks that you were properly served and then gives the plaintiff a default judgment. In a debt claim case, the plaintiff must still prove its damages. The clerk mails you notice of the judgment.

Can I cancel a default judgment in Texas?

Justice Court: file a motion to set aside the default judgment no later than 14 days after the judgment is signed, and send the plaintiff a copy by the next business day; the judge can grant it for good cause. You can also file a motion for new trial within 14 days, or appeal within 21 days by filing a bond, cash deposit or Statement of Inability. County or District Court: file a motion for new trial within 30 days after the judgment is signed.

More for Texas

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources