Texas court deadline

How long do I have to set aside a default judgment in Texas justice court?

If a justice court granted a default judgment against you, a motion to set it aside must be filed no later than 14 days after the judgment is signed. Here is how to count it.

What the date means: The last day for a defendant to file a motion asking the justice court to set aside a default judgment.
The clock starts: Use the date the justice of the peace SIGNED the judgment. The judgment must be dated the day it was signed. Not the trial date. Eviction cases have their own option below.
Applies to: Justice court small claims, debt claim and repair and remedy cases, when a default judgment was granted against you as the defendant. Not eviction cases.
Rule: Tex. R. Civ. P. 505.3(b); Tex. R. Civ. P. 500.4

How to count it

Do not count the starting day. Count 14 calendar days, including weekends and holidays. If the last day is a Saturday, Sunday or legal holiday, the deadline moves to the next day that is not.

Worked example

Say the starting date was Monday, June 1, 2026. Here is each step:

Start: Monday, June 1, 2026. That day itself is not counted.
Count 14 calendar days: Monday, June 15, 2026.
Monday, June 15, 2026 is not a weekend or legal holiday, so it stays.

Under Tex. R. Civ. P. 505.3(b), counting from Monday, June 1, 2026, the computed date is

Monday, June 15, 2026

This is an example only. Your own date depends on your starting date and your court.

Watch out for

You must also serve the plaintiff with a copy of the motion no later than the next business day.
The judge sets the judgment aside only for good cause shown.
If the judge does not rule, the motion is denied automatically at 5:00 p.m. on the 21st day after the judgment was signed (Rule 505.3(e)). The appeal clock then runs from that denial.
You do not have to file this motion to appeal (Rule 505.3(d)). The appeal deadline is separate.
The judge cannot extend time periods relating to new trial and appeal (Rule 500.4(c)). Do not count on more time.
Filing by mail counts as on time only if it is mailed by this date and the court receives it within 10 days after it (Rule 500.4(b)).

Not reviewed by an attorney. ProSeFiler’s deadline rules were written from the official rule text, but no lawyer has reviewed them. Read the rule yourself and confirm every date with the court clerk.

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Common questions

How long do I have to set aside a default judgment in Texas justice court?

If a justice court granted a default judgment against you, a motion to set it aside must be filed no later than 14 days after the judgment is signed. Here is how to count it. The last day for a defendant to file a motion asking the justice court to set aside a default judgment.

Does a weekend or holiday change the date?

Yes. If the last day falls on a Saturday, Sunday or legal holiday, the deadline moves to the next day that is not one (Tex. R. Civ. P. 4; Tex. R. App. P. 4.1; Tex. R. Civ. P. 500.4 in justice court). Courts also close for local reasons, so call the clerk ahead of time.

Who does this rule apply to?

Justice court small claims, debt claim and repair and remedy cases, when a default judgment was granted against you as the defendant. Not eviction cases.

Where does this rule come from?

Tex. R. Civ. P. 505.3(b); Tex. R. Civ. P. 500.4. Read the official text yourself and confirm the date with the court clerk. ProSeFiler last checked this rule against the official text on Sunday, November 8, 2026.

Related deadlines

All Texas court deadlines → · Read the official rules →