What Happens If You Ignore a Debt Lawsuit in Texas?

If you ignore a debt lawsuit in Texas, the creditor will almost certainly win a default judgment, often for the full amount it asked for plus interest, court costs and sometimes attorney's fees. The judgment lets it freeze your bank accounts, place a lien on non-exempt real estate and use other court tools for at least ten years. You lose the chance to raise defenses such as the statute of limitations or the plaintiff's lack of proof.

Ignoring the case does not mean losing everything. Texas protects current wages, your homestead and much personal property, and a default can often be undone if you act in time. Here is the real timeline and what you can still do.

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Step 1: You Are Served and the Answer Clock Starts

A lawsuit starts when the plaintiff files a petition and has you served with a citation, usually by a constable, sheriff or certified process server who hands you the papers, or by certified mail. If those methods fail, the court can authorize substitute service, such as leaving the papers with someone 16 or older at your home or, under recent amendments, by email or social media (see our update on Rule 106 service). Our Q&A explains how you are served and what if the papers were left with a family member.

From the day of service, your deadline to file a written answer depends on the court:

• Justice court (claims up to $20,000): by the end of the 14th day after service (Texas Rule of Civil Procedure 502.5(d)). Most debt-buyer and credit card suits under that amount are "debt claim cases" governed by Rule 508 (Rule 500.1(b)).
• County and district court: by 10:00 a.m. on the Monday after 20 days have passed since service (Rule 99(b)).

Our answer deadline calculator does the math. Calling the collector or the plaintiff's lawyer does not stop the deadline; see does calling the collector stop the deadline.

Step 2: The Waiting Period Before a Default

After serving you, the server files a return of service with the court. The plaintiff cannot get a default judgment until that proof of service has been on file for a minimum time, not counting the day it was filed or the day of judgment:

• County and district court: ten days (Rule 107(h)).
• Justice court: three days (Rule 501.3(h)).

These periods usually end around your answer date. The key point is the reverse: if you file an answer before the judge signs a default judgment, the court should not enter one, even if your answer is late. Rule 503.1(b) says so expressly for justice court, and Texas courts have long applied the same rule in county and district court. Read what happens if I miss the answer deadline.

Step 3: How the Default Judgment Is Entered

A default judgment is not automatic; the plaintiff has to ask for it and meet certain requirements.

• County and district court. Rule 239 allows a default judgment against a defendant who has not answered, once the return of service has been on file for the period in Rule 107. Where the claim is liquidated and proved by a written instrument, the court assesses damages without a full trial (Rule 241). The plaintiff must give the clerk your last known mailing and email address, and the clerk must send you notice when the judgment is signed (Rule 239a).
• Justice court. The judge must first make sure service was proper (Rule 503.1(a)). In a debt claim case, the plaintiff must also prove the amount with evidence that the account was issued to you and you owe it, that the account was closed or you breached it, the amount due after all payments and credits, and that the plaintiff owns the account and how it acquired it (Rule 508.3(b)). Documents must come with a sworn business-records statement (Rule 508.3(b)(4)).

Those requirements matter later. A default judgment entered without valid service, or on a record that does not show strict compliance with the service rules, can be set aside. The Supreme Court of Texas vacated a default judgment where the address on the return did not match the address in the order authorizing substitute service; see our update on the Spanton decision. See also what is a default judgment.

Step 4: The Judgment Starts Earning Interest

A Texas money judgment earns post-judgment interest from the day it is rendered until it is paid (Finance Code § 304.005), compounded annually (§ 304.006). The rate depends on the debt:

• If the contract provided for interest, the judgment earns the contract rate or 18 percent a year, whichever is less (§ 304.002).
• Otherwise, the rate is set monthly from the prime rate, but never below 5 percent or above 15 percent a year (§ 304.003).

Court costs, and attorney's fees if the contract or a statute allowed them, are usually added to the judgment. See does a judgment earn interest in Texas.

What a Creditor Can Do After a Judgment

Once the judgment is final, the creditor becomes a "judgment creditor" and can use these tools. Our Q&A on what a creditor can do after a judgment has a short version.

Bank account garnishment

The most common tool. Under Civil Practice and Remedies Code Section 63.001(3), a creditor with a valid, subsisting judgment can get a writ of garnishment by filing an affidavit that, within its knowledge, you do not have enough property in Texas subject to execution to pay the judgment. The procedure is in Rules 657 to 679b. The bank freezes the account when it is served. You must be served with copies of the writ and a notice in English and Spanish (Rule 663a).

Since 2022, Rule 679b also requires the creditor to serve you, within three business days after it learns your property was frozen, with a Notice of Protected Property Rights and a Protected Property Claim Form. Nothing can be paid to the creditor for 14 days after service (17 if served by mail). If you file the claim form, the court must hold a hearing before any money is released. Our update on Rules 679a and 679b explains the process. See also can a creditor garnish my bank account.

Federal benefits get extra protection. Under 31 C.F.R. part 212, a bank served with a garnishment order must protect up to two months of directly deposited federal benefits such as Social Security, SSI and VA benefits (our update; can they take my Social Security).

Abstract of judgment (a lien on real estate)

A recorded abstract of judgment becomes a lien on your real property in that county, but not on property that is exempt, such as your homestead (Property Code § 52.001). The lien generally lasts 10 years from recording unless the judgment becomes dormant sooner (§ 52.006). See what is an abstract of judgment and can they take my house.

Turnover orders and receivers

Section 31.002 lets a court order you to turn over non-exempt property, or appoint a receiver to take and sell it. A court may not order the turnover of exempt property (§ 31.002(f)), and receivers must follow the same protected-property notice rules (Rule 679a). Disobeying a turnover order can be punished as contempt (§ 31.002(c)), which is different from being jailed for the debt itself. See what is a turnover order.

Questions about your assets

A judgment creditor may use discovery, such as written questions or a deposition, to find out what you own (Rule 621a). See do I have to answer questions about my assets.

What a Creditor Cannot Do

• Garnish your paycheck. The Texas Constitution, article XVI, section 28, says current wages for personal service can never be garnished except for court-ordered child support or spousal maintenance. That covers credit card and other consumer debts. Federal student loans and taxes are collected under separate federal powers. See can a creditor garnish wages in Texas.
• Take your homestead for an ordinary unsecured debt (Property Code chapter 41; Tex. Const. art. XVI, § 50).
• Take exempt personal property. Property Code chapter 42 protects personal property up to $50,000 for a single adult or $100,000 for a family, such as a vehicle per licensed driver, furniture and tools of the trade, plus retirement accounts (§ 42.0021). Our guide on property protected from creditors lists what qualifies.
• Have you arrested for the debt. "No person shall ever be imprisoned for debt" (Tex. Const. art. I, § 18). See can I go to jail for not paying a debt.

Exemptions often have to be claimed, and mixing protected and unprotected money in one account complicates things. If your account is frozen, act within days, not weeks.

How Long a Texas Judgment Lasts

A judgment becomes dormant if no writ of execution is issued within 10 years after it is rendered, or within 10 years after the last writ (CPRC § 34.001). A dormant judgment can be revived within two years after it becomes dormant (§ 31.006). An active judgment can be collected for well over a decade. See how long a judgment lasts in Texas.

If You Already Ignored the Lawsuit: Your Options

What you can do depends on where the case stands. Move quickly; each option has a firm deadline.

No judgment signed yet

File an answer today. If it is on file before the judge signs a default judgment, the case should go forward on the merits (Rule 503.1(b) in justice court). Our guide on how to answer a debt lawsuit explains what to include.

Justice court judgment

• Motion to set aside the default or motion for new trial: within 14 days after the judgment is signed (Rule 505.3(b), (c)). If the judge does not rule, the motion is automatically denied at 5:00 p.m. on the 21st day after the judgment was signed (Rule 505.3(e)).
• Appeal to county court: within 21 days after the judgment is signed, or after a motion to set aside or for new trial is denied, by filing a bond, cash deposit or Statement of Inability to Afford Payment of Court Costs (Rule 506.1(a)). The appeal is a new trial in county court. See can I appeal a justice court judgment.
• Writ of certiorari: within 90 days after the judgment is signed, if the justice court lacked jurisdiction or the judgment worked an injustice not caused by your own inexcusable neglect (Rule 506.4).

County or district court judgment

• Motion for new trial: within 30 days after the judgment is signed (Rule 329b(a)). Under Craddock v. Sunshine Bus Lines, 133 S.W.2d 124 (Tex. 1939), you generally must show that missing the deadline was not intentional or the result of conscious indifference, that you have a meritorious defense, and that a new trial will not cause the plaintiff undue delay or injury. If you did not receive notice or learn of the judgment within 20 days, Rule 306a(4) can start the deadlines from the day you found out, but never more than 90 days after the judgment was signed.
• Restricted appeal: within six months after the judgment is signed (Texas Rule of Appellate Procedure 26.1(c)), if you did not participate in the hearing and did not file a timely post-judgment motion or notice of appeal (TRAP 30). The error, often defective service, must appear on the face of the record.
• Bill of review: after the trial court's power over the judgment expires, a separate suit that is generally available for up to four years. You usually must show a meritorious defense you were prevented from making by fraud, accident or official mistake, without negligence of your own. If you were never served, the Supreme Court of Texas has held you do not have to prove those first elements (Caldwell v. Barnes, 154 S.W.3d 93 (Tex. 2004)).

Our step-by-step guide on how to reopen a default judgment covers each option, and the Q&A explains what you need to show and what if you find out months later.

The judgment stands

Even then, judgments are often negotiated, especially when most of what you own is exempt. A post-judgment settlement can end the garnishments and lead to a release of judgment. Post-judgment work uses the same flat fees as our debt defense.

It Is Almost Never Too Late to Act

People ignore lawsuits out of fear, the belief they have no defense, or because the papers never reached them. The earlier you act, the more options you have. Before your deadline, you can raise every defense, including the statute of limitations and the plaintiff's lack of proof. After a default, you may still be able to reopen it. After that, you can protect exempt property and negotiate. If a collector or its lawyers broke the law along the way, a claim under the FDCPA or the Texas Debt Collection Act is a separate federal lawsuit, not a counterclaim in the debt case, and a separate service; see our FDCPA attorneys page.

If you were just served, read served with a debt lawsuit in Texas: what to do. If you are in justice court, our guide to Rule 508 debt claim cases explains the special proof rules.

Get Help Now

Attorney Shawn Jaffer has handled thousands of debt collection lawsuits in Texas, and our firm has had hundreds of debt lawsuits dismissed. We serve clients statewide and speak Spanish. Learn more about our Texas debt defense attorneys.

Flat fees start at $400, and payment plans are available. Call or text (214) 945-0000; we answer 7 days a week. Or request a free case evaluation.

Frequently Asked Questions

How soon after my deadline can they get a default judgment?

Often within days. Once your answer date has passed and the return of service has been on file for 10 days (county and district court) or 3 days (justice court), the plaintiff can ask for a default.

Will I be notified if a default judgment is entered?

The clerk must mail notice to the address the plaintiff provides (Rules 239a and 503.1(d)). If that address is old, you may never get it.

Can they take money from my paycheck if I ignore the lawsuit?

Not for a credit card or other consumer debt. Texas bars garnishment of current wages except for child support and spousal maintenance. Once paid into a bank account, though, money can be frozen, and you may need to claim the exemption. See can a creditor garnish my wages.

What if I was never served?

A default judgment without valid service can be challenged, and lack of service can relieve you of some requirements for setting it aside. Get the court file and look at the return of service right away.

Can I still settle after a default judgment?

Yes. Many judgment creditors accept settlements or payment plans. See can I settle after a judgment.

Does a summary judgment motion work the same way?

No. If you answered and the plaintiff moves for summary judgment in county or district court, your response is due 21 days after the motion is filed, for motions filed on or after March 1, 2026 (our update on Rule 166a). Ignoring that motion can end the case just like a default.

This guide is general information about Texas law, not legal advice, and reading it does not create an attorney-client relationship. Deadlines depend on your court and the dates in your case; talk to a lawyer promptly.

Sources

• Texas Rules of Civil Procedure (Rules 99, 107, 166a, 239, 239a, 241, 306a, 329b, 500.1, 501.3, 502.5, 503.1, 505.3, 506.1, 506.4, 508.3, 621a, 657–679b), Supreme Court of Texas
• Texas Rules of Appellate Procedure (Rules 26.1(c) and 30), Supreme Court of Texas
• Texas Finance Code, chapter 304 (§§ 304.002–.006, post-judgment interest)
• Texas Civil Practice and Remedies Code, chapter 63 (§ 63.001, garnishment), chapter 31 (§§ 31.002, 31.006) and chapter 34 (§ 34.001)
• Texas Property Code, chapter 52 (§§ 52.001, 52.006, judgment liens), chapter 41 (homestead) and chapter 42 (personal property)
• Texas Constitution, article XVI (§ 28, wages; § 50, homestead) and article I (§ 18, no imprisonment for debt)
• 31 C.F.R. part 212 (garnishment of accounts containing federal benefits), eCFR

General information, not legal advice for your case.