Rule 239.Judgment by Default

Last amended January 1, 2012 · Last verified June 28, 2026

In one sentenceRule 239 lets a plaintiff take a default judgment, in term time, against a defendant who has not answered after being required to, but only once the return of service has been on file with the clerk for the time Rule 107 requires.

Full Text of Rule 239

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Upon such call of the docket, or at any time after a defendant is required to answer, the plaintiff may in term time take judgment by default against such defendant if he has not previously filed an answer, and provided that the return of service shall have been on file with the clerk for the length of time required by Rule 107.

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Plain-English Summary

Rule 239 is the no-answer default. In term time, on the call of the docket or at another point after the defendant is required to answer, the plaintiff may take a default judgment if the defendant has not filed an answer. Two conditions guard the process: the default must be taken in term time, and the return of service must have been on file with the clerk for the length of time required by Rule 107.

Frequently Asked Questions

When can you take a default judgment in Texas?

After the defendant's answer is due and the defendant has not answered, provided the return of service has been on file with the clerk for the time required by Rule 107.

Does a default judgment require the docket to be called first in Texas?

No. Rule 239 also allows a default at another point in term time after the defendant is required to answer, not only at the call of the docket.

What filing must be on record before a Texas court signs a no-answer default?

The return of service, on file with the clerk for the length of time Rule 107 requires. Rule 239 makes that filing a condition of taking the default.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 239), 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: judgment by defaultdefault judgmentno-answer defaultTRCP 239