Finding a lawsuit on your doorstep is a stomach-churning moment. One minute you’re drinking coffee, the next you’re staring at a “Summons and Petition” that says you’re being sued. It feels personal, scary, and confusing.
Take a deep breath. You are not alone, and this is not the end of the world. In Texas, you have specific rights and a clear path to fight back. The most important rule? Do not ignore it. Ignoring the lawsuit is the only way you are guaranteed to lose.
This guide will walk you through the deadlines, the truth about filing fees, and the three steps to filing your Answer.
[Create Your Texas Court-Ready Answer in 15 Minutes]
1. The Deadlines: When Do I Need to Respond?
In Texas, the clock starts ticking the moment you are handed the papers. But the deadline depends entirely on which court is handling your case. Look at the top of your Summons document to find out.
- Justice Court (Small Claims): You have 14 days. Your Answer is due by the end of the 14th day after you were served. If that day is a weekend or holiday, it rolls over to the next business day.
- District or County Court: This one is trickier. Your deadline is 10:00 AM on the Monday following the expiration of 20 days after you were served. This is known as the “Monday Rule.”
Warning: If you miss this window, the court can issue a Default Judgment against you. This allows debt collectors to garnish your bank account or place liens on your property without you having a say.
2. Filing Fees: The Good News (It’s Usually Free)
There is a huge misconception that fighting a lawsuit is expensive. In Texas, filing a standard Answer is typically FREE ($0).
Unlike the debt collector, who had to pay hundreds of dollars just to sue you, the Texas courts generally do not charge defendants a fee to file a standard “Original Answer.” This is your right to due process.
When Would I Have to Pay?
While the Answer itself is free, you will only be charged fees if you choose to take specific optional actions:
- Jury Demand: If you specifically request a jury trial (instead of a judge), you must pay a fee (approx. $22 – $40). Most debt cases do not need a jury.
- Counterclaim: If you decide to sue the debt collector back within the same case, this is treated as a new lawsuit and will cost filing fees (approx. $54 – $130+).
The Strategy: Since it costs $0 to file your defense, you have absolutely no reason to ignore the lawsuit. Don’t let a default judgment ruin your credit when fighting back is free.
3. How to Respond (3 Simple Steps)
You don’t need a law degree to file an Answer. You just need to follow the procedure.
Step 1: The “General Denial”
The simplest way to respond in Texas is often a “General Denial.” This is a legal statement that essentially says, “I deny these claims and require the plaintiff to prove them.” This forces the debt collector to produce evidence—contracts, account history, and ownership chains—which they often do not have.
Step 2: Add Your Defenses
Do you have a specific reason why you shouldn’t pay? These are called “Affirmative Defenses.” Common examples include:
- Not Your Debt: It belongs to someone else or is identity theft.
- Statute of Limitations: The debt is too old (more on this below).
- Improper Service: You were not served the papers correctly according to the law.
Step 3: File Your Forms
Once your Answer is written, you must file it with the court and send a copy to the person suing you.
- In Person: Bring your Answer to the court clerk. Bring 3 copies (one for the court, one for you, one for the plaintiff).
- By Mail: Send it via USPS Certified Mail Return Receipt Requested so you have proof of delivery.
- E-Filing: Texas has a robust e-filing system (eFileTexas.gov) that allows you to upload your documents online.
4. The Statute of Limitations
In Texas, debt collectors cannot sue you forever. The Statute of Limitations on debt is generally 4 years. This clock usually starts ticking from the date of your last payment or the first time the account went delinquent.
If it has been more than 4 years, you still need to file an Answer! You must tell the court the debt is “time-barred.” If you ignore the lawsuit, the court won’t know the debt is too old, and they might grant a judgment against you anyway.
Take Control of Your Case
Getting sued is stressful, but it’s just a process. Thousands of Texans handle this themselves (“Pro Se”) every year. You just need to get your paperwork in on time. Don’t let fear paralyze you—action is your best defense.