When may a defendant seek to set aside a Texas justice-court default judgment?

Obtain the actual signed default judgment and signing date.

Distinguish the default hearing, mailing of judgment notice and signing.

Prepare the motion and next-business-day plaintiff service.

1. Obtain the actual signed default judgment and signing date.
2. Distinguish the default hearing, mailing of judgment notice and signing.
3. Prepare the motion and next-business-day plaintiff service.
4. Exclude default judgment signing and count fourteen calendar days under Rule 500.4. Later notice does not silently replace signing. Assess the actual service and final-day closure separately.
5. Check the actual court calendar and complete the required act.

Rule 500.4 excludes the triggering day and counts every intermediate day, including Saturdays, Sundays and legal holidays, even for periods of five days or less. A final Saturday, Sunday or legal holiday moves to the next eligible day. If the last filing day is a day the court closes before 5:00 p.m., filing moves to the court’s next business day. Establish that actual closure separately. Do not import Rule 4’s short-period exclusion or the distinct Rule 510 eviction procedure.

Fictitious example

Fictitious facts. Actual signing of the default judgment occurred August 18, 2027. The stated ordinary branch applies without another effective event, service addition, controlling order or early court closure.

Fictitious ordinary facts. Actual case, service, signing, legal holidays, court closure before 5:00 p.m. and orders require checking.

Covered case and actual court directions

Rules 500.1(a)–(c) identify the covered small-claims, debt and repair-and-remedy cases and any controlling special rule. Rule 500.1(d) places eviction under Rule 510. Other Civil Rules and Evidence Rules apply only as specified by law or these rules, or as the judge determines necessary for fairness under .1(e).

Filing and service remain separate

Rule 501.4 governs papers other than citation and generally requires service on all other parties and a signed written certificate describing method and date. Email requires an expressly provided address and written consent; email or fax after 5:00 p.m. recipient local time is deemed served the following day. Mail may add three days to a document-response period under .4(b). It does not automatically add time to every judgment-signing, court-order or filing-based period. Prove the actual method and event instead of silently assuming effective service.

Actual good cause and setting for trial

Rule 505.3(b) permits the court to set aside the judgment and set trial for good cause shown. Neither the calculated date nor filing establishes that ruling.

Default notice is separate from signing

Rule 503.1(d) requires immediate mailed judgment notice and docket notation, and states that failure to comply does not affect finality. This preset does not grant a later start from receipt or cure disputed notice facts.

Motion is not a prerequisite for appeal

Rule 505.3(d) states failure to file a motion under this rule does not affect the right to appeal the underlying judgment. Rule 506.1 separately supplies the appeal requirements and timing.

• Actual service, receipt, signing, historical editions, legal holidays and court instructions require separate assessment.
• This guide does not establish a favorable ruling or automatically extend an excluded period.

• Obtain the actual signed default judgment and signing date.
• Distinguish the default hearing, mailing of judgment notice and signing.
• Prepare the motion and next-business-day plaintiff service.
• Rules 500.1(a)–(c) identify the covered small-claims, debt and repair-and-remedy cases and any controlling special rule. Rule 500.1(d) places eviction under Rule 510. Other Civil Rules and Evidence Rules apply only as specified by law or these rules, or as the judge determines necessary for fairness under .1(e).
• Rule 501.4 governs papers other than citation and generally requires service on all other parties and a signed written certificate describing method and date. Email requires an expressly provided address and written consent; email or fax after 5:00 p.m. recipient local time is deemed served the following day. Mail may add three days to a document-response period under .4(b). It does not automatically add time to every judgment-signing, court-order or filing-based period. Prove the actual method and event instead of silently assuming effective service.
• Rule 505.3(b) permits the court to set aside the judgment and set trial for good cause shown. Neither the calculated date nor filing establishes that ruling.
• Rule 503.1(d) requires immediate mailed judgment notice and docket notation, and states that failure to comply does not affect finality. This preset does not grant a later start from receipt or cure disputed notice facts.
• Rule 505.3(d) states failure to file a motion under this rule does not affect the right to appeal the underlying judgment. Rule 506.1 separately supplies the appeal requirements and timing.
• File the actual motion and serve the plaintiff by the next business day using Rule 501.4. Preserve filing, service, the good-cause showing and actual order setting aside judgment or denying relief. Rule 502.1 generally requires the actual written, signed document filed with the justice court. It permits personal or commercial delivery, mail, or electronic filing if allowed by the court. Electronic filing is governed by Rule 21, including its ordinary before-midnight court-time-zone boundary. Read the actual court’s allowed method, hours, specific orders and receipt. Filing is separate from service under Rule 501.4.