How do I set aside a default judgment in Texas?

1. Governing Rule. Tex. R. Civ. P. 320 (motion for new trial) and Tex. R. Civ. P. 329b (timing and plenary power) govern post-judgment relief. Equitable bills of review are available after the trial court loses plenary power.

2. Grounds. The Craddock v. Sunshine Bus Lines, 134 Tex. 388 (1939) test controls: (a) failure to answer was due to a mistake or accident, not intentional or the result of conscious indifference; (b) defendant has a meritorious defense; and (c) the motion is filed at a time when granting it will cause no delay or injury to the plaintiff. Void judgments (no service, no jurisdiction) can also be attacked.

3. Deadline. A motion for new trial must be filed within 30 days of the judgment (Rule 329b(a)). The court's plenary power lasts 30 days, or up to 105 days if the motion is timely filed. After plenary power expires, options are a restricted appeal (6 months) or a bill of review (within 4 years for extrinsic fraud).

4. Mandatory vs Discretionary. If all three Craddock elements are met, the trial court must grant a new trial; failure to do so is reversible error.

5. Required Showing. A sworn motion (or attached affidavit) explaining the failure to answer, setting up the meritorious defense with specific facts (not conclusions), and offering to reimburse plaintiff's costs.

6. Filing Procedure. Verified motion + supporting affidavits + proposed answer; serve all parties; request a hearing within plenary power.

7. Bond / Conditions. Court may condition relief on payment of costs and attorney fees incurred in obtaining the default.

8. Appeal of Denial. Denial is reviewable on direct appeal from the underlying judgment.

9. Collateral Attack. Void judgments (no service or no jurisdiction) may be collaterally attacked at any time.

This is legal information, not legal advice.