Rule 503.1.If Defendant Fails to Answer

Last verified June 28, 2026

In one sentenceRule 503.1 requires the judge to render a default judgment when a defendant fails to answer — without a hearing on a proved-up signed-document claim, or on proof at a hearing otherwise — and allows a post-answer default when an answering defendant fails to appear for trial.

Full Text of Rule 503.1

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Default Judgment. If the defendant fails to file an answer by the date stated in Rule 502.5, the judge must ensure that service was proper, and may hold a hearing for this purpose. If it is determined that service was proper, the judge must render a default judgment in the following manner:

(1) Claim Based on Written Document. If the claim is based on a written document signed by the defendant, and a copy of the document has been filed with the court and served on the defendant, along with a sworn statement from the plaintiff that this is a true and accurate copy of the document and the relief sought is owed, and all payments, offsets or credits due to the defendant have been accounted for, the judge must render judgment for the plaintiff in the requested amount, without any necessity for a hearing. The plaintiff’s attorney may also submit affidavits supporting an award of attorney fees to which the plaintiff is entitled, if any.

(2) Other Cases. Except as provided in (1), a plaintiff who seeks a default judgment against a defendant must request a hearing, orally or in writing. The plaintiff must appear at the hearing and provide evidence of its damages. If the plaintiff proves its damages, the judge must render judgment for the plaintiff in the amount proven. If the plaintiff is unable to prove its damages, the judge must render judgment in favor of the defendant. With the permission of the court, a party may appear at a hearing by means of telephone or an electronic communication system.

(b) Appearance. If a defendant files an answer or otherwise appears in a case before a default judgment is signed by the judge, the judge must not enter a default judgment and the case must be set for trial as described in Rule 503.3.

(c) Post-Answer Default. If a defendant who has answered fails to appear for trial, the court may proceed to hear evidence on liability and damages and render judgment accordingly.

(d) Notice. The plaintiff requesting a default judgment must provide to the clerk in writing the last known mailing address of the defendant at or before the time the judgment is signed. When a default judgment is signed, the clerk must immediately mail written notice of the judgment to the defendant at the address provided by the plaintiff, and note the fact of such mailing on the docket. The notice must state the number and style of the case, the court in which the case is pending, the names of the parties in whose favor and against whom the judgment was rendered, and the date the judgment was signed. Failure to comply with the provisions of this rule does not affect the finality of the judgment.

(e) Form of Default Judgment. A default judgment must comply with Rule 505.1.

End

Plain-English Summary

Rule 503.1 covers what happens when the defendant does not respond. If the defendant fails to answer by the Rule 502.5 deadline, the judge first confirms service was proper, then takes the default. When the claim is based on a written document signed by the defendant, and a copy of the document is filed and served on the defendant, and the plaintiff files a sworn statement that the copy is true and accurate, states the relief owed, and accounts for any credits or offsets, the judge must render judgment on the document without a hearing; in other cases the plaintiff must request a hearing to prove up the claim.

If a defendant answers or otherwise appears before the default is signed, the judge must not enter a no-answer default. If an answering defendant fails to appear for trial, the court may hear evidence and render a post-answer default. The plaintiff must give the clerk the defendant's last known address, and the judgment must comply with Rule 505.1.

Frequently Asked Questions

What happens if you don't answer a justice court lawsuit in Texas?

The judge must render a default judgment after confirming proper service — without a hearing, on the written document, for a signed-document claim, once a copy is filed and served on the defendant and the plaintiff files a sworn statement vouching for the copy and the amount owed, or on proof at a hearing otherwise (Rule 503.1).

Can you stop a default judgment by answering late in Texas justice court?

Yes. Rule 503.1 says that if you answer or otherwise appear before the judge signs the default judgment, the judge must not enter it, and the case goes to trial instead.

Does the defendant get notified after a default judgment in Texas justice court?

Yes. Rule 503.1 has the clerk mail written notice of the judgment to the address the plaintiff provided and note the mailing on the docket, though a mailing failure doesn't undo the judgment.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 503.1), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: default judgment justice courtif defendant fails to answerpost-answer defaultTRCP 503.1