Rule 799.Judgment by Default

Last verified June 28, 2026

In one sentenceRule 799 allows a default judgment for title or possession, with costs and without proof of title, when a personally served defendant fails to appear and answer within the time the rules allow for other district-court actions.

Full Text of Rule 799

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If the defendant, who has been personally served with citation according to law or these rules fails to appear and answer by himself or attorney within the time prescribed by law or these rules for other actions in the district court, then judgment by default may be entered against him and in favor of the plaintiff for the title to the premises, or the possession thereof, or for both, according to the petition, and for all costs, without any proof of title by the plaintiff.

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Plain-English Summary

Rule 799 handles the defendant who was personally served but never shows up. If he fails to appear and answer within the ordinary time, the plaintiff may take a default judgment for the title, the possession, or both, as the petition asks, plus costs — and without having to prove title. Personal service is the key; the next rule covers service by publication.

Frequently Asked Questions

Can you get a default judgment in a Texas trespass-to-try-title case?

Yes, against a personally served defendant who fails to appear, without proof of title (Rule 799). Service by publication is treated differently under Rule 800.

Does the plaintiff have to prove title to get a default judgment under Rule 799?

No. Rule 799 lets the plaintiff take judgment for title, possession, or both, plus costs, without proving title, once the personally served defendant fails to answer in time.

What time limit applies to the defendant's answer under Rule 799?

The same time the rules allow for answering other district-court actions. Rule 799 does not set a separate deadline for trespass to try title.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 799), 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: default judgment trespass to try titledefault judgment personal service land suitno proof of title default judgmentfailure to answer trespass to try titleTRCP 799