Served With a Debt Lawsuit in Texas? What to Do Next

Someone handed you court papers, or they showed up in your mail, and now you know a company is suing you over a debt. It is normal to feel worried. The good news is that you have options, and the steps you take in the next few days matter a lot. This guide explains what the papers mean, how to find your deadline, and what to do (and not do) next.

What You Were Served: The Citation and the Petition

When you are sued in Texas, you are usually served with two documents:

• The citation. This is the court's official notice that you have been sued. It names the court, the case number and the parties. It also tells you that you must respond.
• The petition. This is the plaintiff's written claim. It explains who is suing you, why, and how much money they say you owe. In justice court, the petition comes with the citation.

The plaintiff may be the original creditor, such as Capital One, Discover, Synchrony Bank or American Express. It may also be a debt buyer, such as Midland Credit Management, Portfolio Recovery Associates, LVNV Funding, Jefferson Capital Systems or Cavalry SPV. Debt buyers purchase old accounts and then sue to collect them.

How Service Happens

"Service" is how the law makes sure you get official notice of the lawsuit. In Texas, papers are usually delivered by a constable, a sheriff or a private process server. Sometimes service is done by certified mail.

The date you were served is important because your deadline to respond is counted from that day. Write it down as soon as you can. If someone left the papers with a family member or at your door, or you are not sure how they got to you, write down what happened and when.

How to Find Your Deadline

Look at the top of your citation to see which court your case is in. Your deadline depends on the court:

• Justice court (Justice of the Peace): These courts hear claims up to $20,000, and debt lawsuits there are called "debt claim cases." Your written Answer is due by the end of the 14th day after you were served. If that day is a weekend or legal holiday, it moves to the next business day.
• County court or district court: Your Answer is due by 10:00 a.m. on the Monday after 20 days have passed since you were served.

If you miss the deadline, the plaintiff can ask the court for a default judgment against you. That can happen without a hearing on whether you really owe the money. A debt defense lawyer can make sure your Answer is filed on time.

Your First 7 Days: A Checklist

Deadlines are short, so use the first week well. Here is a simple plan:

• Day 1: Write down the date you were served. Keep the papers together in a safe place, along with any envelope they came in.
• Day 1–2: Identify the court and your deadline. Check whether it is a justice, county or district court, and mark your Answer deadline on a calendar.
• Day 2–3: Read the petition closely. Note who is suing you, the amount claimed, and the account they say it is for. Do you recognize the account? When did you last make a payment?
• Day 2–4: Gather your records. Find old statements, letters from collectors, payment receipts and anything showing what you paid or disputed.
• Day 3–5: Talk to a lawyer. A debt defense lawyer can confirm your deadline, look for defenses and explain your options.
• Before your deadline: Make sure your Answer is filed. Your written Answer must be filed with the court that has your case, with a copy sent to the plaintiff's attorney.

Mistakes to Avoid

Ignoring the Lawsuit

This is the most common and most costly mistake. A lawsuit does not go away if you ignore it. If you do nothing, the plaintiff can get a default judgment. After a judgment, a creditor can try to garnish a bank account, and a judgment can become a lien on some real property. Answering on time keeps your defenses alive.

Calling the Collector and Admitting Things

It can be tempting to call the collector or the plaintiff's lawyer to "explain" or work something out. Be careful. Anything you say may be used to help prove their case. Saying "yes, that is my debt" or agreeing to an amount can hurt defenses you did not know you had. Talking to the collector also does not stop your Answer deadline. Let a lawyer handle those conversations.

Paying a Time-Barred Debt Without Advice

In Texas, a creditor generally has four years to sue on a debt. Texas law bars suing on time-barred consumer debt. A payment on a time-barred debt does not restart the clock, but paying a debt you may not legally owe still costs you money you might not need to spend. Before you pay anything, find out if the debt is too old. Our statute of limitations guide explains more, and our guide to defenses to a debt collection lawsuit covers other common defenses.

What If You Were Never Served Properly?

Sometimes people find out about a lawsuit in other ways. Maybe papers were left with someone else, sent to an old address, or you only learned about the case after a judgment was entered. Whether service was done correctly can matter a great deal, especially if a default judgment has already been entered.

These questions depend on the specific facts, so talk to a lawyer right away. Do not assume you can ignore the case because you think service was wrong. If a judgment has already been entered, time limits to challenge it are short. Read our guide on how to reopen a default judgment in Texas.

How Texas Debt Law Can Help

Attorney Shawn Jaffer has handled thousands of debt collection lawsuits in Texas, and Texas Debt Law has had hundreds of debt lawsuits dismissed. We review your papers, confirm your deadline, file your Answer, and fight the case or negotiate a settlement when that makes sense for you. We charge flat fees from $400, offer payment plans and serve clients statewide. Se habla español.

Talk to a Lawyer Today

If you have been served with a debt lawsuit, the clock is already running. Call or text (214) 945-0000, or request a free case evaluation. We will look at your case and help you decide your 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.

General information, not legal advice for your case.