§ 39.001.Notice of Intent to Take Default Judgment

A notice requirement with three specified elements, and each is exact.

Notice of intent to take a default judgment against the state, a state agency, or a party in a civil case for which Chapter 104 authorizes representation by the attorney general shall be mailed to the attorney general at the attorney general’s office in Austin, Texas, by United States Postal Service certified mail, return receipt requested, not later than the 10th day before the entry of the default judgment.

The third category is wider than it first appears. The Chapter 104 provision authorizes the attorney general to represent certain individual public servants sued for conduct in their official roles, so this reaches suits against people rather than only against the state.

The place is specified: the attorney general’s office in Austin. Notice to a regional office, or to a lawyer handling a related matter, does not satisfy the section.

The method is specified: certified mail, return receipt requested. Ordinary mail will not do, and the return receipt is what proves compliance.

The timing is specified: not later than the 10th day before entry. Ten clear days before the judgment is entered, which is a short period for an office that receives service on behalf of hundreds of state defendants.

The problem addressed is administrative rather than legal. Suits naming the state or a public servant reach many offices, and papers can sit while a defendant is defaulted for a failure nobody intended.

The requirement is on intent, not on the judgment. A party must give notice that they intend to seek default — so the notice arrives before the motion, not with it.