Dallas Default Judgment Attorney
The default judgment attorneys at Roquemore Skierski PLLC handle default judgment matters in Texas for businesses and their owners on both sides of the docket: defendants moving to set aside a default judgment entered against them, and plaintiffs converting an ignored suit into an enforceable one. A default judgment in Texas converts a lawsuit a business never answered into an enforceable court order, and the consequences arrive without a trial: the plaintiff can begin garnishing bank accounts, abstracting the judgment against real property, and pursuing the company’s assets, all based on allegations no one contested. On either side, the governing deadlines are short and unforgiving.
Roquemore Skierski PLLC represents North Texas businesses in exactly this posture, where speed and command of procedure decide the outcome.
How a Default Judgment Happens in Texas
A Texas default judgment typically follows one of two failures. In a no-answer default, the defendant is served with citation and files no answer by the appearance deadline, which under Tex. R. Civ. P. 99(b) falls on the Monday after 20 days from service. In a post-answer default, the defendant answers but fails to appear for a hearing or trial. Businesses land in default for mundane reasons: the citation was served on a registered agent and never forwarded; the suit was misrouted internally; the entity’s registered agent information was stale and service was accomplished by substituted means.
A served defendant has a defined window to respond, and the options for challenging a judgment narrow once it is signed. Consulting counsel early, before that window closes, preserves remedies that may not be available later.
The Default Judgment Deadlines That Control Everything
Texas procedure gives a defaulted defendant a limited window to attack the judgment in the trial court. A motion for new trial or motion to set aside must be filed within 30 days after the judgment is signed, and the trial court’s plenary power to change the judgment runs for that same 30-day period, extended if a timely post-judgment motion is filed. See Tex. R. Civ. P. 329b(a), (d), (e). Where the defendant did not receive timely notice of the judgment, the deadlines can be measured from the date of actual notice under Tex. R. Civ. P. 306a(4). After the trial court loses plenary power, the remaining paths are narrower, including the equitable bill of review under Tex. R. Civ. P. 329b(f), which carries materially higher burdens.
The practical point is that these deadlines run from the date the judgment is signed and are fixed, so the time available to act is limited by rule rather than by circumstance. Motions to set aside are generally supported by sworn facts explaining the failure to answer and demonstrating a defense to be heard.
Filing a Motion to Set Aside a Default Judgment in Texas
Texas courts apply the equitable standard from Craddock v. Sunshine Bus Lines, Inc., 133 S.W.2d 124 (Tex. 1939), in deciding whether to set aside a default and grant a new trial: whether the failure to answer was intentional or the result of conscious indifference, whether the defendant sets up a meritorious defense, and whether granting the motion would occasion delay or otherwise injure the plaintiff. Defective service presents a separate and often stronger attack: a judgment entered without strict compliance with the service rules is vulnerable regardless of the defendant’s diligence, and service on business entities fails in more ways than plaintiffs expect.
Roquemore Skierski PLLC has published a step-by-step discussion of this process in its guide to filing a motion to set aside a default judgment in Texas. (Internal link: roqski.com blog post on setting aside default judgments.)
Obtaining a Default Judgment in Texas as Plaintiff
For a business plaintiff, a defendant’s silence is an opportunity that must be perfected carefully. Texas courts require strict proof of proper service and compliant pleadings before signing a default, unliquidated damages must be proven up with evidence under Tex. R. Civ. P. 243, and a plaintiff must file the servicemember affidavit required by 50 U.S.C. § 3931. A default judgment obtained on defective service invites a set-aside motion months later, after collection efforts have begun; Roquemore Skierski PLLC builds defaults to withstand that attack.
Once judgment is signed, the judgment collection practice at Roquemore Skierski PLLC pursues the recovery: abstracts of judgment, post-judgment discovery, garnishment, execution, and turnover relief. (Internal link: judgment collection practice page.)
Why Businesses Retain Roquemore Skierski PLLC for Default Judgment Matters
Default practice is procedural work, and procedure is local. The default judgment attorneys at Roquemore Skierski PLLC have practiced for decades in the district and county courts of Dallas, Collin, Denton, and Tarrant Counties; they know the Texas Rules of Civil Procedure and the judges applying them. A defaulted defendant needs a default judgment lawyer who can move credibly and quickly in the specific court where the judgment sits; a judgment plaintiff needs one whose paperwork will hold. Roquemore Skierski PLLC provides both, for privately held companies, emerging enterprises, and owner-operated businesses across Texas.
Act Within the Window on a Texas Default Judgment
A default judgment in Texas is neither automatically final nor automatically fixable; it is a procedural posture with fixed deadlines running from the day the judge signed it. Roquemore Skierski PLLC brings decades of Texas courtroom practice and command of the Texas Rules of Civil Procedure to setting aside, obtaining, and enforcing default judgments for North Texas businesses. If a default judgment has been entered against your company, or a defendant has ignored your suit, contact Roquemore Skierski PLLC promptly to arrange a consultation.
How our team resolves business disputes, from start to finish.
We review the governing documents, build a factual timeline, gather key evidence, confirm deadlines, and align the legal approach with the client's business objectives.
We send a strategic demand letter identifying the dispute, proposing solutions, and setting a deadline. When assets or trade secrets are at risk, we seek immediate court relief to prevent further harm.
We pursue negotiation or mediation where productive, while continuing to preserve evidence and develop the case so leverage remains intact if settlement efforts do not succeed.
If a resolution is not reached, we file suit, use focused motions and discovery to narrow the dispute, present the case at trial, and enforce any favorable judgment.
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Frequently Asked Questions About Default Judgements
Not necessarily. Rule 306a(4) addresses late notice of a judgment, and defective service can open attacks even after ordinary deadlines pass. The answer depends on the dates and service facts, so the first step is getting the case file in front of counsel promptly.
Courts apply the Craddock factors to sworn, specific facts, not general explanations. A motion supported by affidavits establishing those factors and a meritorious defense has a materially better prospect than a bare apology for missing the deadline.
Enforcement mechanics and the effect of post-judgment motions vary with the posture of the case; in some circumstances a supersedeas bond under the Texas Rules of Appellate Procedure or an agreed standstill protects assets while the motion is heard.