FightBackStrong / Texas

STATE LAW GUIDE

How to Respond to a Debt Lawsuit in Texas

The Texas rule, with the statute it comes from.

The short answer

Work out which court you are in, then file an answer before the deadline. In justice court, where most of these cases live, the answer can be a single paragraph.

Which court are you in?

Justice court has original jurisdiction of civil matters where the amount in controversy is not more than $20,000, exclusive of interest. See Tex. Gov't Code 27.031. Most consumer debt claims are filed there, under the debt claim rules.

District or county court handles the larger ones, and runs on the general rules of civil procedure.

The caption on your papers tells you which.

The deadlines are different, and so is the counting

Justice court: the end of the 14th day after the day you were served. If the 14th day is a Saturday, Sunday or legal holiday, it moves to the end of the first following day that is not. See Tex. R. Civ. P. 501.1.

District or county court: 10:00 a.m. on the Monday next after the expiration of twenty days after service. See Tex. R. Civ. P. 99. Count twenty days, then go to the next Monday, and note the time of day.

What an answer has to be in justice court

This is the part that surprises people.

An answer that denies all of the plaintiff's allegations without specifying the reasons is sufficient to constitute an answer or appearance and does not bar the defendant from raising any defense at trial. See Tex. R. Civ. P. 502.5.

A general denial is enough. You do not have to argue your case to file one, and filing it gives nothing away.

The answer must contain your name, and your address and telephone number, or your attorney's if you have one, and if you consent to email service, a statement saying so with your email details. You must also serve a copy on the plaintiff. See Tex. R. Civ. P. 502.5.

Read their petition against what the rules require

Before you write anything, check what they filed. In a debt claim case the petition must state the account or credit card name, the account number which may be masked, the date of issue or origination if known, the date of charge-off or breach if known, the amount owed as of a date certain, and whether ongoing interest is sought.

If the debt was assigned or transferred, it must also state that it was, the date of the transfer, the name of any prior holders, and the name or description of the original creditor. See Tex. R. Civ. P. 508.2.

If you are being sued by a company that bought your account, that last requirement applies to your case. Compare it to the document in your hand.

Even a default is not automatic here

If no answer is filed, the judge must render judgment upon the plaintiff's proof of the amount of damages, established by evidence that the account was issued to you and you are obligated to pay it, that it was closed or breached, of the amount due after all credits and offsets, and that the plaintiff owns the account and how it acquired it. A judge is not required to accept a sworn statement. See Tex. R. Civ. P. 508.3.

Better than most states. Still not a plan: nobody will be there to point out what is missing.

In summary

Citations are read from the Texas Legislature's official statutes site and the Supreme Court of Texas rules, and recorded in the site's citation registry.