Motion to Set Aside Default Judgment in Texas Justice Court

The Default Judgment Is Not Necessarily the End

If you missed the 14-day answer deadline in Texas Justice Court and the judge signed a default judgment against you, the situation is serious — but it may not be permanent. Texas procedure gives defendants two paths to reopen the case, and both operate on tight timelines.

A default judgment may be entered when no answer is filed. Under TRCP Rule 503.1, the judge must ensure service was proper. A judgment without a hearing is allowed only for a claim based on a written document you signed, when a copy was filed and served on you and the plaintiff filed a sworn statement that the copy is accurate, the amount is owed, and all payments, offsets, or credits were counted. For other claims, the plaintiff must request a hearing and prove damages.

Two Post-Judgment Options Under TRCP 505.3

Motion to Set Aside Default Judgment

File this within 14 calendar days after the judgment is signed. The motion asks the JP to vacate the default judgment entirely and set the case for a regular trial. You must show good cause — typically that you never received actual notice of the lawsuit, or that an accident, illness, or other circumstance beyond your control prevented you from answering on time.

You must serve the motion on the plaintiff (or their attorney) by the next business day after filing.

If the judge grants the motion, the default judgment is vacated, and you get your day in court. If the judge has not ruled by 5:00 p.m. on the 21st day after the day the judgment was signed, the motion is automatically denied.

Motion for New Trial

Same 14-day filing window and next-business-day service requirement. A motion for new trial asks the judge to set aside the judgment and retry the case. Under Rule 505.3(c), the judge may grant it upon a showing that justice was not done in the trial.

These motions have different standards: a motion to set aside a default judgment requires good cause, while a motion for new trial requires a showing that justice was not done in the trial. Some precincts have their own forms; others accept a typed motion that identifies the cause number, explains why you did not answer, and asks the court to vacate the judgment.

What Counts as Good Cause

Rule 505.3(b) requires good cause. Explain why you did not answer and attach any records that support your account; the judge decides whether the facts show good cause.

The Appeal Alternative

If a post-judgment motion is denied, or if the 14-day motion period has passed but you are still within the appeal deadline, you may appeal to the court with jurisdiction over justice court appeals under TRCP Rule 506.1. Rule 500.2(f) defines this as the county court, statutory county court, or district court in that county with jurisdiction.

An appeal must be perfected within 21 days after the judgment is signed or after a post-judgment motion is denied. A motion that remains undecided is automatically denied at 5:00 p.m. on the 21st day after the judgment was signed. The appeal triggers a trial de novo — the case is retried from scratch in the court with jurisdiction over the appeal, as if the JP court case never happened.

The catch: defendants must post an appeal bond or cash deposit equal to twice the judgment amount. If you cannot afford that, you can file a Statement of Inability to Afford Payment of Court Costs under TRCP Rule 145, which waives the bond requirement if you qualify.

Perfecting the appeal stays enforcement of the JP judgment, so the plaintiff cannot garnish your bank account or file property liens while the appeal is pending.

Act Before the Judgment Is Signed

One detail defendants often miss: an answer filed at any time before the judge actually signs the default judgment is effective and prevents default. If you are past day 14 but the judge has not signed yet, file your answer immediately. The clerk can tell you whether a default judgment has been entered — call and ask.

For a complete guide to the answer deadline, the filing process, and what happens after a judgment is entered, see the Texas Small Claims Response Guide.

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