Texas Justice Court
Default Judgment
A default judgment can end a Justice Court case before any hearing. Both sides need to understand the paperwork involved and the short deadlines that follow.
Legal information only: This site provides legal information for Texas Justice Court users. It is not legal advice, does not create an attorney-client relationship, and does not replace advice from a licensed Texas attorney or instructions from your court. County and precinct practices vary. Filing methods, local forms, service fees, court closures, and clerk procedures can change. Always verify details with the correct Justice of the Peace court before filing or relying on a deadline.
Important
- Post-judgment deadlines in Justice Court are short and high-risk. If you just learned about a default judgment against you, consider contacting the court and a legal-aid program the same week.
- This page does not tell you whether to seek, fight, or accept a default judgment. The court rules, your court papers, and local procedures control.
Step-by-Step Starting Point
- 1If you were sued and missed the answer deadline, act immediately — file a written answer or contact the court before a default judgment is signed.
- 2If a default judgment was already signed against you, calendar two dates right away: generally 14 days to ask the Justice Court to set it aside, and generally 21 days to appeal (5 days in an eviction case).
- 3If you are the plaintiff, confirm proof of service is on file, the answer period has passed, and the required military-status affidavit is completed before requesting a default judgment.
- 4Verify every date and required paper with the court that signed, or will sign, the judgment.
If you were sued and did not respond
When a defendant does not answer or appear on time, the court can generally decide the case without them and award what the petition supports. That result is called a default judgment.
A defendant can generally file a motion to set aside the default judgment and ask for a new trial within 14 days after the judgment is signed, under Texas Rule of Civil Procedure 505.3. The motion is decided by the same Justice Court.
The appeal clock — generally 21 days for non-eviction cases and 5 days for evictions — runs at the same time. Do not wait on a motion to preserve an appeal without confirming how the deadlines interact with the court.
If you are the plaintiff
A default judgment is not automatic. Courts generally require proof that the defendant was properly served and that the answer period has fully run before granting one.
Federal law (the Servicemembers Civil Relief Act) generally requires a statement about the defendant’s military status before a default judgment can be signed. Many county packets include an affidavit form for this, and the Defense Department operates a free online certificate search.
Damages usually still need support. Bring or file the documents that show how the amount was calculated, and ask the clerk what the court requires for a default hearing or paperwork-only default.
Verify before relying
Default procedure details — hearing requirements, affidavit forms, and how quickly judgments are signed — vary by county and precinct. The court’s own instructions control.
Templates & kits for this task
Self-help templates, not legal advice. County court forms always come first when your JP court publishes one.