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I want to set aside a default judgment.

Court How-Tos (Civil Procedure)

This guide explains how to ask the judge to set aside (cancel) a judgment made in a lawsuit if you did not participate.
Last Legal Review on September 25, 2023 | Last Edited on August 7, 2026
Overview

Guide Overview

With a default judgment, the court has decided in favor of the person or company that sued because the defendant did not file an answer on time, or go to a court hearing that they were told about.

This guide explains how to ask the judge to set aside (cancel) a default judgment made without your participation.

This guide is only for cases in District Court or County Court.

Research Tips

Start by readingHow to Set Aside a Default Judgment, and the law about setting aside a default judgment (Texas Rules of Civil Procedure, Rules 306a(4); 320–329).

Common questions about Court How-Tos (Civil Procedure)

A “default judgment” is a court order made without the respondent because:

  1. the respondent was served and did not file an answer by the deadline, or
  2. the respondent filed an answer and was given notice of a hearing but did not show up for the hearing.

Can I ask the judge to set aside (cancel) a default judgment?

If you are the respondent, you can ask the judge to set aside (cancel) a default judgment made without you if:

  1. you file a Motion to Set Aside Default Judgment by the deadline, and
  2. you can show that you did not file an answer or did not show up to the hearing due to either:
  • lack of notice which means that either:
    • you did not file an answer because you were not properly served with citation,
    • you filed an answer but did not come to a hearing because you did not get proper notice of the hearing, or
  • accident or mistake which means that either:
    • you did not file an answer because of accident or mistake rather than intentional or conscious indifference, or
    • you filed an answer but did not come to a hearing because of accident or mistake rather than intentional or conscious indifference.

Note: If you are asking the judge to set aside the default judgment due to accident or mistake you must also show that you have a good defense to the case (good reason the judge should rule in your favor) and that canceling the default judgment will not cause delay or harm to the other side.

You must file a Motion to Set Aside Default Judgment and Notice of Hearing within 30 days of the date the default judgment was signed by the judge. See Texas Rules of Civil Procedure, Rules 329b.

If you are in Justice Court, the deadline is 14 days. See Texas Rule of Civil Procedure 505.3.
Note: The Motion to Set aside Default Judgment included in this guide refers to the standard 30-day deadline and not the Justice Court's shortened 14-day deadline. For help with your Justice Court Motion to Set Aside Default Judgment, use Ask a Question to chat online with a lawyer or law student. Also, see the information on How to Draft Your Own Court Documents.

Exception 1: If you first learned about the default judgment more than 20 days after it was signed by the judge, your 30-day deadline to file the Motion to Set Aside Default Judgment begins on the date you received notice of the default judgment from the clerk or the date you actually found out about the default judgment (whichever happened first). But, even if this exception applies, your 30-day deadline to file the Motion to Set Aside Default Judgment cannot begin more than 90 days after the date that the default judgment was signed by the judge. So the latest you could file a Motion to Set Aside Default Judgment is 120 days after the date the default judgment was signed by the judge. See Texas Rules of Civil Procedure, Rules 306a(4).

Exception 2: If you were served by publication, you have two years from the date of the default judgment to ask for a new trial. See Texas Rules of Civil Procedure, Rule 329.

Exception 3: If you were on active military duty when the default judgment was signed by the judge you have additional time. Talk to a lawyer about how to proceed. You can use Ask a Question to chat with a lawyer online.

WARNING! If you do not file your Motion to Set Aside Default Judgment within 30 days of the date of the default judgment (or 14 days if the matter is in Justice Court), it is very important that you talk with a lawyer.

Yes. A lawyer can review your forms and tell you whether or not you have a good legal reason to ask the judge to set aside the default judgment. A lawyer can also help you get ready for your hearing.

If you need help finding a lawyer, use the TexasLawHelp Legal Help Directory to search for a lawyer referral service, legal aid office, or self-help center in your area. Check our Legal Clinic Calendar to learn if there is an upcoming legal clinic near you. Use Ask a Question to chat online with a lawyer or law student.

Instructions & Forms

Checklist Steps

Call the clerk’s office. Tell the clerk you want to schedule a hearing on a Motion to Set Aside Default Judgment. The clerk will give you a date and time for the hearing. Make sure the hearing date is far enough away. The other side must receive a copy of your Motion to Set Aside Default Judgment and Notice of Hearing at least three days before the hearing date.

First, fill out the Motion to Set Aside Default Judgment and Notice of Hearing completely in blue or black ink and sign it.

WARNING: You must sign the motion form under penalty of perjury. "Perjury" means it’s a crime to lie on the form.

Remember to:

  • write the specific facts that show how your failure to file an answer or appear at the hearing was due to improper service or improper notice of the hearing, or
  • write the specific facts that show how your failure to file an answer or failure to appear at the hearing was an accident or mistake and you have a good defense, and
  • fill out the Unsworn Declaration completely and sign it, and
  • write the date and time of the hearing, and
  • write the full physical address of the court where the hearing will be held, and
  • fill out and sign the Certificate of Service.

Second, fill out the Order on Motion to Set Aside Default Judgment (except for the judge’s signature).

Turn in your completed Motion to Set Aside Default Judgment and Notice of Hearing form at the clerk’s office and get a file-stamped copy for both you and the other side.

Send a file-stamped copy of the Motion to Set Aside Default Judgment and Notice of Hearing to the other side. Send it on the same day you file it. If the other side has a lawyer, send it to the lawyer instead of directly to the other side. You can send it by:

  • fax
  • email
  • commercial delivery service (such as FedEx or UPS)
  • personal delivery
  • e-filing, as long as the other side has an e-filing account and has been receiving documents that way.
  • certified mail, return receipt requested, and regular mail. (This way may take too long.)

Keep proof that you sent the Motion to Set Aside Default Judgment and Notice of Hearing to the other side. You must bring proof to your hearing.

  1. Read Tips for the Courtroom.
  2. Read Gathering and Presenting Evidence.

  3. Learn court procedure.

    Even if you hire a lawyer on a limited-scope basis to help you prepare your case, study court procedures to understand what is happening during your trial. Whether or not you are a lawyer, you will be expected to follow the same rules that lawyers must follow in court. These rules are called the Texas Rules of Civil Procedure.

    Once you are in court, you will not have the chance to research what is happening. Instead, you should prepare for different possible scenarios and outcomes in advance so that you are ready to participate even if things go differently than you expected.

    Watch TexasCourtHelp.org - Representing Yourself In Court. Also, watch other hearings at Texas Court Live Streams.

  4. You must understand your facts and the legal arguments you are making. If you need help with this step, review the I need to do legal research guide.
  5. Summarize what you want. Practice saying the summary out loud. Don't take more than three minutes to say it.
  6. And make a list of what you're asking for. If you get nervous when you're in court, just read from the list. Also, bring the summary and list with you so you can use it to check off which requests the judge grants.
  • Find the courtroom and get there 30 minutes early. Or, if you have a virtual hearing, be ready to log on early. When the courtroom opens, when or you log on, tell the clerk or officer that you are present.
  • Be ready to explain to the judge why the default judgment should be set aside. Bring proof that you sent the Motion to Set Aside Default Judgment and Notice of Hearing to the other side. Bring the Order on Motion to Set Aside Default Judgment for the judge to sign.
  • The judge may ask questions. The other person or their lawyer may also ask you questions.
  • Tell the truth. Speak slowly. Give complete answers.
  • If you don’t understand a question, simply say, “I don’t understand the question.”
  • Speak only to the judge unless it is your turn to ask questions. And when you speak to the judge, stand up. Call the judge "Your Honor" or "Judge Garcia" (just an example, if their last name is Garcia).
  • When other people are talking to the judge, wait for them to finish. Then you may be able to ask questions about what they said.
  • Remember, the judge may or may not set aside the default judgment.

Forms Required

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