Contractor Ignored Demand Letter Texas: What Comes Next

If a contractor ignored your demand letter in Texas, the next step is usually to evaluate and file a lawsuit, arrange formal service, and monitor the contractor's answer deadline. If the contractor is properly served but does not answer, you may request a default judgment, but you still must prove what happened and how much money you are entitled to recover.

This process applies to disputes involving roofers, HVAC companies, remodelers, handymen, lawn services, subcontractors, and similar providers. It can also apply when a contractor completed documented work but the customer or hiring company refused to pay the remaining balance.

What does it mean when a contractor ignores a demand letter?

An ignored demand letter does not automatically prove your case or create a judgment. It does show that you attempted to resolve the dispute, and the letter, delivery confirmation, and any response can become useful evidence if you file.

A demand letter also helps define the dispute. For example, it may show that you requested the return of a deposit, payment for corrective repairs, reimbursement for damaged fencing, or an unpaid contract balance by a specific date.

Confirm whether another notice period applies

A demand letter is not required before every Texas contract lawsuit, but some claims have special notice rules. A consumer claim under the Texas Deceptive Trade Practices Act generally requires written notice at least 60 days before filing, describing the complaint, economic damages, and expenses claimed.

Claims involving defects in residential construction may also fall under Chapter 27 of the Texas Property Code, commonly called the Residential Construction Liability Act. That law can require detailed written notice at least 60 days before suit and an opportunity for the contractor to inspect and offer repairs or payment.

If the required time has passed and the contractor still refuses to respond, preserve the original letter, certified-mail receipt, tracking history, returned envelope, email delivery record, and text messages. Do not keep sending new demands indefinitely if you are approaching a limitations deadline.

How do you sue a contractor who stopped responding in Texas?

To sue a contractor who stopped responding in Texas, file a petition in a court that has jurisdiction and proper venue, pay the required filing and service fees, and have the defendant formally served. For claims of $20,000 or less, excluding statutory interest and court costs, Texas Justice Court is often the practical forum.

Identify the correct defendant

Use the contractor's correct legal identity, not just the name printed on a truck or social media page. Review the contract, invoices, checks, assumed-name records, and Texas business records to determine whether you dealt with an individual, sole proprietorship, limited liability company, or corporation.

If the defendant is an LLC or corporation, service generally must be directed to its registered agent or another person authorized to receive process. Naming or serving the wrong business can delay the case and prevent a default judgment.

Choose the proper Justice Court

Venue often lies where the defendant resides or does business, where the events occurred, or where the property is located, depending on the claim. Texas counties may have several justice precincts, so confirm the correct precinct before filing.

Your petition should state the key facts in date order, explain what the contractor promised, describe the breach or damage, and identify the amount requested. Attach or organize supporting documents, but do not bury the court in unrelated messages.

• The signed estimate, contract, proposal, work order, or invoice
• Proof of deposits, installments, or other payments
• Texts and emails showing the agreement and requests to fix the problem
• Photos or videos of unfinished, defective, or damaged property
• Inspection reports and itemized estimates for correction or completion
• The demand letter and proof that it was delivered or refused
• For an unpaid contractor, proof the agreed work was completed and the balance became due

Arrange formal service of the lawsuit

Sending the petition by ordinary mail, text, or email is not usually formal service. After filing, the clerk issues a citation, and service is completed by a constable, sheriff, or other person authorized under Texas Rule of Civil Procedure 501.2.

You cannot obtain a valid default judgment merely because the contractor knows about the case. The court file must show legally sufficient service on the correct defendant, and the return of service must accurately state when and how service occurred.

When is the Texas Justice Court answer deadline?

Under Texas Rule of Civil Procedure 502.5, a defendant generally must file a written answer by the end of the 14th day after the day the defendant was served. If the deadline falls on a Saturday, Sunday, or legal holiday, Texas deadline rules generally extend it to the next day the court is open.

Count from formal service, not from the date you mailed the demand letter or filed the petition. For example, if the contractor was served on the 5th, the day of service is not counted and the following day begins the 14-day period.

How to check whether the contractor answered

Check the court's online docket if one is available, review your electronic filing notifications, or contact the Justice Court clerk. Ask whether an answer was filed, whether the return of service is in the file, and whether the court has scheduled a hearing.

Do not assume there is no answer simply because you did not receive a copy. A contractor may file a short general denial, and court notices can be delayed or sent to an outdated address.

If the contractor did not answer the lawsuit in Texas, move promptly but verify every detail first. A late answer filed before the judge signs a default judgment will usually prevent a no-answer default, even if the original 14-day deadline passed.

How do you request a default judgment against a contractor in Texas?

A default judgment against a contractor in Texas is not automatic. Under Texas Rule of Civil Procedure 503.1, the plaintiff must request default, show that the defendant was properly served and failed to answer, and provide evidence supporting the requested relief.

The return of service generally must have been on file for at least three days, not counting the day it was filed or the day judgment is entered. The court may also require a proposed judgment, a certificate showing the defendant's last known mailing address, and information addressing whether an individual defendant is protected by the federal Servicemembers Civil Relief Act.

Prove liability even if the contractor does not appear

Prepare to explain the agreement, your performance, what the contractor did wrong, and how that conduct caused your loss. A Texas Justice Court default judgment should be based on the claim stated in your petition, so do not request a new category of relief that the defendant never received notice of.

Keep the presentation chronological. A homeowner might show that an HVAC company accepted a deposit, installed defective equipment, ignored repeated requests to correct it, and caused the homeowner to pay another company for necessary repairs.

The same approach works for other disputes. A subcontractor could prove damage to fencing and landscaping with photographs and repair estimates, while a contractor seeking an unpaid balance could use the written scope, completion messages, invoices, and proof that payment became due.

Prove the amount of your damages

A defendant's absence does not allow you to choose an unsupported number. Bring admissible evidence showing the amount required to place you in the position you would have occupied if the agreement had been performed properly.

• Receipts and bank records showing the amount paid to the original contractor
• Paid invoices or detailed estimates for reasonable corrective or completion work
• Evidence of property damage caused by the contractor or subcontractor
• An unpaid invoice and proof of completed work when you are the service provider
• Court filing and service costs you are legally allowed to recover
• Interest or attorney's fees only when a contract or law authorizes them and the required proof is provided

Avoid double recovery. For example, requesting both a full refund and the entire cost of receiving the promised improvement from someone else may overstate the loss if those amounts compensate for the same harm.

Also show that you acted reasonably to limit further damage. If a roofer left an opening that allowed rain inside, evidence that you promptly covered the opening and obtained reasonable repair estimates can strengthen the connection between the breach and your claimed losses.

Prepare for the default hearing

Some courts decide a clearly documented claim from sworn materials, while others schedule an in-person or remote hearing. Follow that Justice Court's procedures and bring organized copies of the petition, citation, return of service, contract, payment proof, photographs, communications, demand letter, and damage calculations.

Be ready to answer basic questions without exaggeration: Who made the agreement? What did each side promise? What was paid or completed? What failed? How did you calculate each dollar requested?

What happens after a Texas Justice Court default judgment?

A signed judgment establishes the amount owed, but the court does not automatically collect it. The defendant may also have a short period to seek a new trial, ask that the default be set aside, or appeal, so monitor the docket and every notice from the court.

If the judgment remains enforceable and unpaid, Texas procedures may include obtaining an abstract of judgment or requesting a writ of execution when permitted. Collection can be difficult because Texas law protects many types of property, including certain homestead and personal property interests.

Keep the contractor's correct legal name, last known address, business information, and any nonexempt asset information obtained lawfully. For a substantial judgment, an attorney can help assess collection options and respond if the contractor challenges the default.

The practical path is straightforward: confirm any special notice requirement, file against the correct party, obtain valid service, track the 14-day answer deadline, and prove every part of your loss. A contractor's silence can move the case toward default, but careful documentation is what turns that silence into an enforceable judgment.

Frequently Asked Questions

Can I sue if my home repair demand letter was ignored?

Yes, you can generally sue after a home repair demand letter is ignored if you have a valid claim and have completed any legally required notice period. Confirm whether the DTPA, the Residential Construction Liability Act, your contract, or another law requires specific notice before filing.

How long does a contractor have to answer a Texas small claims lawsuit?

A contractor generally has until the end of the 14th day after the day of formal service to answer in Texas Justice Court. The demand-letter delivery date does not start this deadline, and weekends or legal holidays can affect the final due date.

Do I automatically win if the contractor does not answer?

No, you must request a default judgment and provide the evidence required by the court. You still need valid service, a legally sufficient claim, and reliable proof of your damages.

What proof do I need for a Texas Justice Court default judgment?

You need proof of proper service, the agreement, the contractor's breach, and the amount of your loss. Contracts, invoices, payment records, photographs, text messages, inspection reports, repair estimates, and the unanswered demand letter are commonly useful.

What happens if the contractor files a late answer?

A late answer filed before the judge signs the default judgment will usually stop a no-answer default. The case then proceeds as a contested lawsuit, and the court may set deadlines, mediation, or trial.

How much can I sue a contractor for in Texas Justice Court?

Texas Justice Court can generally hear civil claims seeking up to $20,000, excluding statutory interest and court costs. Filing and service fees vary by county, and claims above the jurisdictional limit may need to be filed in another court.