Quick Answer: How do I vacate a default judgment in Texas?
If you receive a default judgment, file a motion for new trial within 30 days, or if later, pursue a restricted appeal within six months or file a bill of review within four years.
- File a motion for new trial within 30 days under Rule 329b.
- If 30–180 days have passed, file a restricted appeal under Rule 30.
- After 180 days, file a bill of review within 4 years for fraud or service defects.
Vacating a default judgment in Texas means choosing one of three paths: (1) a motion for new trial within 30 days, (2) a restricted appeal within 6 months, or (3) a bill of review within 4 years. Each route follows strict Texas Rules of Civil Procedure notice and evidence standards.
Introduction
A surprise default judgment can drain bank accounts within days—often within 24-48 hours of a creditor learning about the judgment. Frozen bank accounts, judgment liens on non-exempt property, and a damaged credit score hit families hard—especially across Dallas–Fort Worth, where households carry about $43,901 in non-mortgage consumer debt, according to a 2024 LendingTree analysis. When you discover a judgment you never knew existed, every hour counts.
We defend clients throughout the entire state of Texas against these financial ambushes. Our law firm offers a free consultation at (888) 584‑9614 to help you act before the clock runs out. With offices in Richardson serving all of North Texas, we understand the unique challenges families face when their financial stability is suddenly threatened.
Understanding Default Judgments Under Texas Law
Default judgment means the court enters a final judgment because the respondent did not answer the lawsuit on time. A default judgment typically occurs in a civil case when the defendant fails to respond to the complaint. Under Rule 239 of the Texas Rules of Civil Procedure, a plaintiff may move for default if no answer is filed by 10 a.m. on the Monday next after 20 days from service, as set out in Rule 99(b).
In a civil case, the plaintiff initiates the lawsuit by filing a complaint, and the defendant is sued and served with the complaint and summons. The defendant must file a timely response within twenty days to avoid a default judgement. Failing to respond within this period can result in a default judgment, so it is crucial to act promptly.
Immediate consequences include:
- Frozen bank accounts via post-judgment garnishment (Texas generally bars wage garnishment for consumer debts).”A sharp credit‑report hit that can raise interest rates by 3-5% or more
- Possible eviction if the suit involves unpaid rent
- Seizure of certain personal property by the constable
- Judgment liens attach only to non-homestead real property; a Texas homestead is constitutionally exempt.
Case Study: How We Reversed a Default Judgment
I’ll never forget a call from a father whose voice was shaking. He woke up to find his bank account completely empty—garnished because of a default judgment he never knew about. His entire paycheck was gone, and with kids to feed, he felt helpless.
We immediately pulled his case file from the Dallas County court records. The evidence was clear: the lawsuit had been served to an old address, meaning he was never properly notified. This was the key. That same morning, we drafted and filed an emergency motion to set aside the judgment based on this improper service.
At the hearing, the judge agreed and reversed the judgment. The relief in his voice when I called with the news was incredible. His family’s accounts were unfrozen, proving that you have rights and that taking immediate, strategic action can overturn even the most frightening financial situations.
Grounds to Vacate vs. Set Aside: Meeting the Craddock Test
To undo a default, Texas courts apply the Craddock three‑part rule. Courts consider the specific circumstances of each case when deciding whether to set aside a default judgment:
- Not intentional or conscious indifference to the lawsuit
- A meritorious defense to the plaintiff’s claims
- No undue delay or prejudice to the opposing party
In addition to the Craddock test, misconduct or misrepresentation by a party can also be grounds for vacating a judgment. In many cases, courts grant motions to vacate when these circumstances are present.
| Good Cause (wins) | Excusable Neglect (often wins) | Bad Reason (loses) |
|---|---|---|
| Postal misrepresentation of delivery date | Illness on answer deadline | Ignored the lawsuit |
| Locked out of home due to storm/disaster | Military deployment paperwork delay | Thought suit “would go away” |
| Clerk stamped answer but mis-filed | Lawyer’s computer crash/calendaring error | Disagreed with being sued |
| Hospital admission during answer period | Death in immediate family | “Too busy” to respond |
| Service to wrong person at address | Severe weather preventing court access | Hoped to avoid paying |
| Mail theft/tampering documented | COVID-19 quarantine restrictions | Didn’t think it was serious |
External reference: Tex. R. Civ. P. 329b; see also Dolgencorp of Texas, Inc. v. Lerma, 288 S.W.3d 922 (Tex. 2009).
Common Service Defects That Support Vacating Judgments
Texas law requires strict compliance with service rules. Common defects include:
- Sewer service: Process server falsely claims delivery
- Wrong address service: Papers left at old address despite available current address
- Improper substitute service: Left with unauthorized person (minor child, visitor)
- Defective service by publication: Failed to exercise due diligence in locating defendant
Texas Case‑Law Spotlight: Craddock v. Sunshine Bus Lines, 134 S.W.2d 124 (Tex. 1939)
We highlight Craddock v. Sunshine Bus Lines, 134 S.W.2d 124 (Tex. 1939). In that civil‑practice milestone, the Texas Supreme Court vacated a default judgment after the defendant proved his failure to answer was accidental and he offered to cover costs. The Court built the three‑part test—lack of conscious indifference, a valid defense, and no harm to the plaintiff—that every Texas court still applies. In this case, the court’s granting of the defendant’s motion resulted in the judgment entered against the defendant being set aside.
Key holding: “The defaulting party must show that his failure to answer was not intentional or the result of conscious indifference, but was due to accident or mistake.” This ruling protects families statewide by ensuring honest mistakes do not wipe out defenses before trial.
Procedural Paths to Overturn a Judgment
| Path | Time limit | Court Rule | When to Use |
|---|---|---|---|
| Motion for New Trial | 30 days | Rule 329b | You were served but missed the answer date; best option if within deadline |
| Restricted Appeal | 6 months | Rule 30 | Error appears on the record face; no new evidence allowed |
| Bill of Review | 4 years | Equitable | Fraud, lack of service, or new evidence; requires separate lawsuit |
| Motion to Set Aside | No limit* | Rule 306a | *Only when service was defective or void |
Note: Active-duty military receive extra time under the Servicemembers Civil Relief Act (SCRA)—at least 90 days.
To set aside a default judgment, the defendant must file a motion with the court, ensuring that all required documents are properly filed with the clerk’s office. It is essential to follow all procedural rules when preparing and submitting the motion, as failure to do so can result in denial of the request.
Each option requires serving the opposing party with a copy of the motion by certified mail, return receipt requested. The court typically requires proof that the defendant sent the motion to set aside the default judgment to the opposing party.
Step‑by‑Step Filing Guide for District, County & Justice Courts
1. Draft the motion – include a clear certificate of service
- Pro tip: Use the phrase “Motion to Set Aside Default Judgment and Motion for New Trial” to cover all bases
- Include a detailed affidavit explaining your situation
- Attach evidence (medical records, deployment orders, proof of wrong address)
2. E‑file or deliver to the clerk’s office:
- Dallas District Court: motion filing fee typically $30-$75; confirm with the clerk (George Allen Courts Building).
- Collin County Court: $80 fee (can file at any branch location)
- Denton Justice Court: $46 fee (lower amount for smaller claims)
- Tarrant County District: $356 fee (downtown Fort Worth or sub-courthouses)
- Harris County District Court: $80 fee (downtown Houston Civil Courthouse—confirm with the clerk)
- Travis County District Court: $80 fee (Heman Marion Sweatt Courthouse, Austin—confirm with the clerk)
Fee waiver available: File an Affidavit of Indigency if you cannot afford fees
3. Serve the opposing party – certified mail plus email
- Pro tip: Also send via regular mail and fax if you have their fax number
- Keep green cards and delivery confirmations
- Email with read receipts when possible
4. Confirm the hearing date – call the clerk and set calendar reminders
- Firstly, most courts require 3-day notice minimum
- Also, request emergency hearing if facing immediate garnishment
- Likewise, bring 5 copies of everything to the hearing
Practical scenario: An eviction default in justice court can be paused by a timely motion to vacate, buying families 7-10 days to move or contest. File the motion the same day you discover the judgment if possible.
Helpful resource: TexasLawHelp.org provides forms if you cannot afford private legal services. For information on the process of serving legal papers in Texas, including whether someone else can accept served papers, refer to this expert guide.
Critical Deadlines & Time Limits You Cannot Miss
Visualize a 30‑day clock starting the moment the final judgment is signed. Meeting this deadline is crucial to preserving your legal options. Miss it, and your easiest remedy evaporates.
Timeline Breakdown:
- Days 1-10: Ideal window to file—allows time for corrections
- Days 11-20: Still safe but getting urgent
- Days 21-25: High risk—file immediately
- Days 26-30: Emergency territory—consider hiring an attorney for same-day filing
Good reason exists to act fast because:
- Firstly, no time limit applies when service was defective (you never received proper notice)
- Secondly, because a judgment entered without proper service is void, you can attack it at any time—even years later.
- Similarly, some remedies (like bankruptcy) have different timelines that may help
What Happens After You File?
Hearing date set: the judge may grant, deny, or order a bond
- Most hearings occur within 2–3 weeks of filing
- Bring all original documents and evidence
- After filing, you may seek to vacate the judgment. It is important to consult an attorney who can help determine the validity of your grounds and the best course of action.
Court order issued
- If granted: litigation restarts; you get 20 days to file an answer
- If denied: you may appeal within 30 days
Immediate effects: filing often pauses garnishment while the motion is pending
- If an out-of-state wage-withholding order is in place, give payroll a copy of the file-stamped motion so they can pause deductions pending the court’s decision (Texas law bars wage garnishment for most consumer debts).
If the judge grants a motion to vacate, the underlying case resumes and the defendant can present defenses against the claims.
Protecting Family Assets During the Process
North Texas parents can take immediate protective steps:
- Firstly, freeze voluntary payments until the court rules—redirect funds to necessities
- Also, claim exempt personal property quickly:
- Likewise, $50,000 for single person / $100,000 for family (Texas Property Code § 42.001)
- Additionally, one vehicle per licensed household member
- Moreover, home furnishings, clothing, and tools of trade
- Also, notify payroll to stop wage garnishment once the motion is filed
- Similarly, open a new bank account at a different bank for incoming deposits (learn more about writs of garnishment)
- Also, document all losses from the judgment for potential damage claims
After successfully vacating a default judgment, parties may also consider reaching a settlement to resolve the underlying dispute.
Acting fast shows personal responsibility and keeps kids’ needs first.
When to Call Warren & Migliaccio for Help
We serve families in Dallas, Collin, Harris, Travis and all Texas counties from our Richardson headquarters. Our team includes:
- Firstly, evening consultations until 8 PM for working parents
- Secondly, Spanish‑speaking staff for complete understanding
- Also, payment plans available for qualified clients
- Likewise, 24-hour response to garnishment emergencies
If you need help vacating a default judgment or navigating complex legal procedures, it is important to consult a qualified attorney for guidance.
We believe in accountability, good cause, and putting families first.
Schedule your free consultation: (888) 584‑9614
Frequently Asked Questions About How Do I Vacate a Default Judgment in Texas
How long do you have to set aside or vacate a default judgment in Texas?
You generally have 30 days to file a motion for new trial, 14 days in justice court, 6 months for a restricted appeal, and up to 4 years for a bill of review. If service was defective, the clock never starts because the court lacked jurisdiction.
Deadline cheat‑sheet:
Justice court – 14 days
District/county court – 30 days
Restricted appeal – 6 months
Bill of review – 4 years (but a void judgment for lack of service can be challenged at any time)
What legal grounds qualify to vacate a default judgment in Texas?
Texas courts follow the Craddock test:
(1) Firstly, your failure to answer was accidental or not conscious indifference
(2) Secondly, you have a meritorious defense
(3) Third, reopening won’t unfairly prejudice the plaintiff
Defective service, fraud, or newly discovered evidence also qualify. Texas courts are generally liberal in allowing default judgments to be vacated if the defendant meets certain criteria.
What is the difference between a motion for new trial, a restricted appeal, and a bill of review in Texas?
1. Firstly, motion for new trial – filed in the same court within 30 days; lets you present new evidence.
2. Also, restricted appeal – filed in an appellate court within 6 months; limited to errors on the record.
3. Likewise, bill of review – a brand‑new lawsuit within 4 years alleging fraud, lack of service, or grave error.
Does filing a motion to set aside a default judgment stop wage or bank garnishment in Texas?
You must ask the court for a temporary restraining order or stay—filing the motion alone does not automatically halt enforcement. Wages may unfreeze only after the judge signs the stay, so give file‑stamped copies to your employer and bank immediately.
Can I overturn a default judgment if I was never properly served in Texas?
Yes. Bad service means the court never obtained personal jurisdiction. File a motion to set aside at any time and attach proof—such as lease records or utility bills—showing you never lived at the address listed on the return of service.
How much does it cost to file a motion to set aside a default judgment in Texas?
Expect $30-$75 to file a post-judgment motion; a new bill-of-review suit runs about $350. Justice-court motions are usually around $46. If you cannot afford the fee, submit a Statement of Inability to Afford Payment to request a waiver.
What evidence should I attach to a motion to vacate a default judgment in Texas?
Include:
Firstly, your sworn affidavit explaining why you missed the lawsuit.
Secondly, a draft answer showing your defenses.
Thirdly, exhibits proving service defects (certified mail receipts, address records).
Additionally, any documents that support your meritorious defense (payment receipts, medical records).
Also, the motion to vacate should outline specific legal grounds and supporting evidence for the request.
Do I need a lawyer, or can I represent myself when vacating a default judgment in Texas?
You may appear pro se, but success rates nearly triple with counsel. Corporations must hire an attorney in district or appellate courts, and even individuals benefit from a lawyer’s familiarity with local rules and the Craddock test.
How long does the court take to decide a motion to vacate a default judgment in Texas?
Most courts set a hearing within 2–4 weeks of filing. Request an emergency setting if wages or bank accounts are frozen. After the hearing, judges typically rule the same day or within a few business days. During the hearing for a motion to vacate, both parties may present arguments and the judge will make a decision.
How long does a Texas bill of review process usually take?
Expect 3–6 months in district court; complex discovery can push the timeline to a year. Because it functions as a full lawsuit, you must serve the plaintiff, conduct discovery, and possibly attend trial before a final ruling. The judge may require a signed order to effectuate the vacation of the default judgment in district court.
Conclusion – Take Control of Your Case Today
Default judgments threaten everything you’ve worked for, but Texas law provides powerful remedies when you act quickly. Every day matters: File a motion for new trial within 30 days, a restricted appeal within 6 months, or a bill of review within 4 years to protect your rights.
Don’t let a judgment you never knew about destroy your family’s financial future. We guide Texas families through every step with the urgency your situation demands.
Take action now: Call (888) 584‑9614 or contact us online for a free strategy session. Our team of experienced Texas debt defense attorneys is standing by to help you reclaim control.
Disclaimer: This article provides general information, not specific legal advice. Results may vary. Consult an attorney for help with your unique situation. Past results do not guarantee future outcomes.
