Missing a court date in Texas is never a small mistake. Whether your case is civil, family, eviction, or criminal, failing to appear can trigger serious legal consequences — including default judgments, fines, contempt orders, or even arrest warrants.

If you’ve received a court notice and are thinking about ignoring it, here’s what Texas law actually says — and why showing up matters.

Why Court Dates Matter Under Texas Law

When a Texas court schedules a hearing, trial, or appearance, it issues a formal order requiring you to attend.

Failing to appear is treated as a violation of that order.

Courts rely on attendance to:

• Move cases forward
• Hear evidence
• Protect due process
• Enforce rights and obligations

Ignoring a court date undermines the judicial process — and Texas law responds accordingly.

What Happens If You Miss a Court Date in a Civil Case?

In most civil cases, failing to appear can result in a default judgment.

Default Judgments (Texas Rule of Civil Procedure 239)

Under Texas Rule of Civil Procedure 239, if a defendant does not answer or appear, the court may enter judgment by default.

This means:

• The other side automatically wins
• You lose without presenting evidence
• The judge accepts the plaintiff’s claims as true
• You may owe money, property, or other relief

Once entered, default judgments are enforceable like any other court judgment.

Post-Answer Default (TRCP 239 & 241)

Even if you filed an answer, failing to show up for trial can still result in judgment against you.

Under TRCP 241, damages may be assessed without your participation.

Translation: answering alone isn’t enough — you still have to show up.

What Happens If You Miss Court in Family Law Cases?

In divorce, custody, and support matters, missing court can be especially damaging.

Possible Consequences

If you ignore a family court date, the judge may:

• Grant divorce by default
• Award custody to the other parent
• Set child support without your input
• Divide property without your participation
• Approve temporary orders

Family judges are required to act in the child’s best interest — but if you’re absent, your voice isn’t heard.

What Happens If You Miss Court in Eviction Cases?

In eviction cases, failing to appear almost always results in losing.

Default Eviction Judgment

Under Texas Property Code § 24.0051 and Justice Court rules:

If a tenant does not appear, the landlord usually wins by default.

That means:

• Judgment for possession
• Possible money damages
• Writ of possession
• Forced removal by constable

Many tenants lose housing simply by missing one court date.

What Happens If You Miss Court in Criminal Cases?

Missing court in a criminal case is far more serious.

Failure to Appear (Texas Penal Code § 38.10)

Under Texas Penal Code § 38.10, failing to appear is itself a crime if:

• You were released on bond, and
• You knowingly failed to appear

Penalties depend on the underlying charge:

Original Charge

Failure to Appear Charge

Misdemeanor

Class A Misdemeanor

Felony

Third-Degree Felony

This means skipping court can turn a minor case into a criminal record.

Bench Warrants

If you miss criminal court, judges often issue a bench warrant.

A bench warrant authorizes police to arrest you at any time — including:

• During traffic stops
• At work
• At home
• During background checks

You may be jailed until you see the judge.

Can You Be Held in Contempt for Missing Court?

Yes.

Contempt of Court (Texas Government Code § 21.002)

Under Texas Government Code § 21.002, courts may punish disobedience of orders through contempt.

Contempt penalties can include:

• Fines up to $500
• Jail up to 6 months
• Both

Missing a mandatory appearance can qualify as contempt.

Can You Fix a Missed Court Date in Texas?

Sometimes — but timing matters.

Motion to Set Aside Default Judgment

Under TRCP 329b and case law, you may seek relief if:

• Your failure was not intentional
• You acted with diligence
• You have a meritorious defense

Courts analyze these under the Craddock test(Craddock v. Sunshine Bus Lines, Inc.).

Delay makes success less likely.

Motion for New Trial

If filed timely (usually within 30 days), you may request a new hearing under TRCP 320–329.

But judges are not required to grant it.

Reinstatement in Criminal Cases

In criminal matters, missing court may require:

• Posting new bond
• Filing motions
• Appearing before a judge
• Paying additional fees

Ignoring the problem makes it worse.

Common Reasons People Miss Court (And Why They Fail)

Courts routinely reject excuses like:

• “I forgot”
• “I was busy”
• “I had work”
• “I didn’t open the mail”
• “I thought my lawyer handled it”

Judges expect adults to manage court obligations.

How Texas Courts View Missed Appearances

Judges generally assume:

• You chose not to attend
• You didn’t prioritize the case
• You waived your opportunity to be heard

This perception can affect future rulings.

Practical Advice: What To Do If You Can’t Attend

If you know in advance you can’t attend:

1. Request a Continuance

Under TRCP 251, continuances require good cause and often written motions.

Do this early.

2. Notify Your Attorney Immediately

Your lawyer may:

• Appear on your behalf
• Request postponement
• Protect your rights

Silence hurts you.

3. Never Just “Wait It Out”

Court cases don’t go away.

They get decided without you.

Key Takeaway: Ignoring Court Makes Everything Worse

In Texas, missing court can lead to:

• Automatic losses
• Financial judgments
• Evictions
• Arrest warrants
• Criminal charges
• Loss of parental rights
• Long-term legal consequences

Showing up — even if your case is weak — is almost always better than staying away.

When to Talk to a Texas Attorney

You should speak with a lawyer immediately if:

• You missed a court date
• A default judgment was entered
• A warrant was issued
• You received unexpected court papers
• You’re unsure about your obligations

Early legal help can often limit the damage.

Final Thoughts

Court dates are not suggestions. They are legal obligations.

Ignoring them in Texas can cost you money, property, freedom, and future opportunities.

If you’re facing court, take it seriously — and get proper legal advice before things spiral.

At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.