How to Answer a Debt Lawsuit in Texas

If you have been sued over a credit card or other debt in Texas, the most important thing you can do is file a written Answer on time. An Answer tells the court that you dispute the lawsuit and want to be heard. Without one, the plaintiff can ask for a default judgment. This guide explains what an Answer is, how much time you have, what a general denial does and does not cover, how to file and serve your Answer, and what happens after.

What Is an Answer?

An Answer is a written response that you file with the court that has your case. It is your formal reply to the plaintiff's petition. The plaintiff is the company suing you. It might be the original creditor, like Capital One or Discover, or a debt buyer, like Midland Credit Management, Portfolio Recovery Associates or LVNV Funding.

Filing an Answer does not mean you agree that you owe the money. It puts the plaintiff's claims in dispute and makes the plaintiff prove them. Once your Answer is on file, the court cannot enter a default judgment against you for failing to respond to the lawsuit.

That protection has limits. After you answer, you still have to appear for trial. If you don't, the court can hear the plaintiff's evidence without you and rule on it (Texas Rule of Civil Procedure 503.1(c) in justice court). In county and district court, you also have to respond to the plaintiff's discovery on time, as explained below.

If you do not file an Answer in time, the plaintiff can ask the court for a default judgment, a judgment against you without a trial (Rules 239 and 503.1). Undoing a default judgment is possible in some cases, but it is much harder than answering on time. If that has already happened, read our guide on how to reopen a default judgment in Texas.

Your Deadline Depends on the Court

Look at the top of your citation to see which court your case is in. Then count from the day you were served, not the day the lawsuit was filed. Our answer deadline calculator can help you count.

Justice Court (Justice of the Peace)

Justice courts hear civil cases where the amount in controversy is not more than $20,000, not counting interest (Texas Government Code § 27.031). Suits there by lenders, debt collectors and debt buyers are "debt claim cases" under Rule 508. Your Answer is due by the end of the 14th day after the day you were served (Rule 502.5(d)). If the 14th day is a Saturday, Sunday or legal holiday, or a day the court closes before 5:00 p.m., the Answer is due on the court's next business day. Read more in our guide to justice court debt claim cases.

County Court and District Court

Your Answer is due by 10:00 a.m. on the Monday after 20 days have passed since you were served (Rule 99(b)). For example, if you were served on Wednesday, March 4, 2026, the 20th day was Tuesday, March 24, so the Answer was due by 10:00 a.m. on Monday, March 30. If that Monday is a legal holiday, the deadline generally moves to the next day that is not a weekend or holiday (Rule 4).

These deadlines are short, and counting mistakes happen. If you are not sure which court you are in or when you were served, talk to a lawyer right away.

What a General Denial Does and Does Not Cover

A general denial is the most common Answer in Texas. In plain terms, it says you deny the plaintiff's claims and require the plaintiff to prove them. What else your Answer needs depends on the court.

In Justice Court

Pleadings in justice court are informal. Rule 502.5(b) says an Answer that denies all of the plaintiff's allegations, without giving reasons, is enough, and it does not stop you from raising any defense at trial. The stricter pleading rules used in county and district court generally do not apply in justice court unless the judge decides a particular rule must be followed to keep the case fair (Rule 500.1(e)). The Answer must include your name, address and phone number, and a statement if you agree to be served by email (Rule 502.5(a)).

In County and District Court

Here a general denial is a starting point, not the whole defense. Under Rule 92, a general denial puts the plaintiff's claims in dispute, except for matters that must be denied under oath. Two other rules matter:

• Affirmative defenses must be pleaded (Rule 94). These include the statute of limitations, payment, accord and satisfaction (an earlier settlement), release and waiver. If you want to rely on one, state it in your Answer. A plea of payment must also describe the payments (Rule 95).
• Some denials must be sworn (Rule 93). A verified (sworn) denial is required for certain matters, such as denying that the plaintiff is entitled to sue in the capacity it claims, denying that an assignment of a written instrument is genuine, or denying an account that is the basis of the suit. If the plaintiff files a suit on account supported by an affidavit under Rule 185, you generally must file a written denial under oath to contest it.

You can usually amend an Answer later to add defenses, but an amendment filed within seven days of trial, or after a deadline in the court's scheduling order, needs the judge's permission (Rule 63). It is safer to get the Answer right the first time. Our Q&A explains which defenses have to be stated in the Answer and what a verified denial is.

How to File and Serve Your Answer

Filing and serving are two separate steps, and you need to do both.

• File it with the right court. Use the court name and case number shown on your citation. In county and district court, lawyers must e-file; people representing themselves may e-file but are not required to (Rule 21(f)(1)). In justice court, you can file in person, by mail, or electronically if the court allows it (Rule 502.1).
• Send a copy to the plaintiff's attorney. The lawyer for the company suing you is listed on the citation and petition. You must serve that lawyer with a copy (Rules 21a and 502.5(a)) and include a signed statement on your Answer saying how and when you served it (Rules 21a(e) and 501.4(d)).
• Keep proof. Save a copy of everything you file and a record of when and how you sent it.
• Do it early. Don't wait until the last day. A late Answer leaves the door open to a default judgment. An Answer filed late but before the judge signs a default judgment generally prevents the default (see Rule 503.1(b) in justice court), but don't count on it.

Common Defenses

Many people think they have no defense because they did have the credit card. But owing some money is not the same as the plaintiff being able to prove the exact amount, and its right to collect it, in court. Common defenses include:

• The statute of limitations. A suit on a debt generally must be brought within four years after the claim accrues (Texas Civil Practice and Remedies Code § 16.004). A debt buyer may not sue on a consumer debt after that period has expired (Texas Finance Code § 392.307), and federal Regulation F bars debt collectors from suing on time-barred debt (12 C.F.R. § 1006.26(b)). If an original creditor sues late, limitations is an affirmative defense you must raise. See our statute of limitations guide.
• Lack of proof. A debt buyer has to prove it owns the account. It may not have the original agreement, a full payment history, or records showing each transfer of the account.
• The wrong amount. The amount claimed may include interest or fees the records do not support.
• Collection law violations. If a collector harassed you or made false statements, you may have claims of your own under the federal Fair Debt Collection Practices Act (15 U.S.C. § 1692 and following) or the Texas Debt Collection Act (Finance Code chapter 392). These claims are a separate legal service from debt defense; see our FDCPA page.

For a fuller list, read our guide to defenses to a debt collection lawsuit in Texas.

What Happens After You Answer

Disclosures and Discovery

In county and district court, each side generally must make initial disclosures within 30 days after the first Answer is filed, unless the parties agree or the court orders otherwise (Rule 194.2(a)). Each side can also send written discovery, such as requests for documents, written questions and requests for admissions. Discovery can bring out weak spots in the plaintiff's case.

Discovery sent to you has deadlines. Requests for admissions must be answered within 30 days after they are served. If you don't respond on time, the requests are treated as admitted (Rule 198.2), which can be enough for the plaintiff to win. See why requests for admissions are dangerous.

In justice court, discovery is limited to what the judge considers reasonable and necessary, and discovery requests must be presented to the court (Rule 500.8(a)).

Summary Judgment

In county and district court, the plaintiff may file a motion for summary judgment asking the court to rule without a trial. For motions filed on or after March 1, 2026, a response is due within 21 days after the motion is filed, unless the court allows more time or the parties agree (Rule 166a(d)). Justice court has a similar procedure called summary disposition (Rule 503.2).

Settlement

Many debt cases settle. A settlement might be a reduced lump sum or a payment plan, and it should state in writing exactly how the lawsuit will end. Once you have filed an Answer and raised your defenses, the plaintiff knows it may have to prove its case. A lawyer can tell you whether an offer makes sense for you.

Trial

If the case is not settled or dismissed, the court will set it for trial. The plaintiff has the burden of proving its claim. You or your lawyer can challenge its evidence and present your defenses. Do not miss a court date.

Why a Lawyer Helps

You have the right to represent yourself. But debt collection lawsuits are often filed by law firms that handle these cases every day. A lawyer can:

• Confirm your deadline and file a proper Answer on time, with the defenses and sworn denials your case needs.
• Spot defenses you might miss, like the statute of limitations or gaps in the plaintiff's proof.
• Handle disclosures, discovery and court dates.
• Talk with the plaintiff's attorney about settlement.
• Check whether the collector broke any collection laws.

Attorney Shawn Jaffer has handled thousands of debt collection lawsuits in Texas, and Texas Debt Law has had hundreds of debt lawsuits dismissed. We offer flat fees from $400, with payment plans available, and we serve clients statewide. See our debt defense pricing or learn more about our debt defense services. Se habla español.

Get Help Before Your Deadline

If you have been served with a debt lawsuit, do not wait. Your Answer deadline may be only days away. Call or text (214) 945-0000, or request a free case evaluation. We will review your papers, explain your options and help you take the next step.

This article is general information, not legal advice. Every case is different, and reading this article does not create an attorney-client relationship. If you have been sued, talk to a lawyer about your specific situation as soon as possible.

Sources

• Texas Rules of Civil Procedure (Rules 4, 21, 21a, 63, 92–95, 99, 166a, 185, 194, 198, 239 and 500–508), Supreme Court of Texas
• Texas Government Code, chapter 27 (justice court jurisdiction, § 27.031)
• Texas Civil Practice and Remedies Code, chapter 16 (four-year limitations period, § 16.004)
• Texas Finance Code, chapter 392 (Texas Debt Collection Act; debt buyers and time-barred debt, § 392.307)
• 12 C.F.R. § 1006.26 (Regulation F, time-barred debts), eCFR
• 15 U.S.C. § 1692 and following (Fair Debt Collection Practices Act), Cornell Law School

General information, not legal advice for your case.