How To Answer a Texas Debt Collection Court Summons

If a debt collector files a lawsuit against you in Texas, you’ll receive legal papers. You must respond quickly to protect your rights. Most Texas debt collection lawsuits are filed in justice courts. You’ll have just 14 days to file your answer after being served.

File your response at the court listed in the summons. Send a copy to the debt collector suing you. Keep copies for your records. Taking action is crucial to avoid a default judgment.

How Do Debt Collection Lawsuits in Texas Work?

Debt can pile up quickly. When you fall behind on payments, your account may go to collections. If you ignore collection attempts, the collector may sue you.

You’ll know about the lawsuit when you receive a summons and complaint. These documents notify you of legal action against you.

What Is a Summons and Complaint?

The summons is a court document telling you about the lawsuit. It includes your deadline to respond. It also lists the court handling your case.

The complaint details the allegations against you. In debt collection cases, this covers your debt amount. It shows when you last made a payment. It states how much the collector claims you owe.

The complaint also requests a remedy from the court. Usually, this is a money judgment. The judgment will include the debt amount plus interest. It may add legal fees and other costs.

How Do You Respond to a Texas Court Summons for Debt Collection?

You must take action when a debt collector sues you in Texas. First, complete and file your answer form. Provide a copy of the filed forms to the plaintiff. Keep copies for yourself.

Most debt collection lawsuits happen in justice courts. Rarely, a case may go to district or county court. Check your official summons to verify your court. Our partner Solo can help you respond to the lawsuit professionally.

How Do You Fill Out an Answer Form?

You can create your answer form without a lawyer. You have two options:

• Use E-File Texas to answer questions online and generate free forms.
• Use a template from Texas Law Help and fill it out by computer or hand.

Step 1: Deny or Verify the Pleas From the Complaint

Texas allows general denial in state court cases. Select “I enter a general denial” to disagree with the entire case. You’re denying every claim listed on the complaint.

Next, complete the Specific Pleas section. Respond to each claim outlined in the complaint. You’ll either agree, disagree, or claim “no knowledge” for each item.

Remember, when you sign your form, you confirm everything is true. You’re signing under “penalty of perjury.” You cannot knowingly lie or you’ll face legal consequences.

Step 2: Raise Your Defenses and Counterclaims

Use the “Affirmative Defenses” section to list reasons the plaintiff should lose. An affirmative defense explains why the collector’s case fails.

One common defense is that the debt is too old. The statute of limitations may have expired. You can learn more about affirmative defenses from Texas Law Help.

If you have a defense not listed, write it in your own words. Explain it clearly in the space provided. For example, the debt collector may have the wrong person.

You must raise all affirmative defenses in your answer. If you don’t, you can’t bring them up later. Seek legal help if you need assistance with this step.

Step 3: Sign the Unsworn Declaration

When you sign the “Unsworn Declaration” section, you promise accuracy. Everything in your answer form must be true. You’re signing under penalty of perjury.

If you knowingly provide false information, you break the law. You can face serious legal consequences.

Step 4: Fill Out the Certificate of Service

Complete the “Certificate of Service” section of your answer form. You’re certifying that you’ll deliver a court-stamped copy to the plaintiff. You can also deliver it to their lawyer if they have one.

You can deliver the answer form several ways. You can file electronically, send via certified mail, or fax it. You can deliver it in person or email it to the plaintiff or their lawyer.

Step 5: File Your Forms With the Justice Court Clerk Within 14 Days

In Texas justice court cases, you must respond within 14 days. Most debt collection cases are heard in justice court. District or county court cases give you 20 days plus the following Monday at 10 a.m.

Bring at least three copies to the courthouse. You need one for yourself, one for the court, and one for the plaintiff.

If you e-filed, follow the online instructions after completing the form. Texas Law Help has a helpful How to E-File Guide.

For in-person filing, go to the same district clerk’s office that served you. Ask the clerk about any local rules or procedures you should know.

The clerk will stamp your forms. Your answer is now officially filed. You must then serve a copy of the stamped forms to the plaintiff.

Step 6: Serve a Copy of the Answer on the Plaintiff

After filing and stamping your forms, you must “serve” the plaintiff. Serving means giving them a copy of the official stamped answer form. Serve their lawyer if they have one.

In Texas, you can serve in person, by email, by mail, or by fax. If you e-filed your answer, the plaintiff gets served electronically.

What Happens After You Respond to the Lawsuit?

After you respond, watch for notices from the court. Follow any instructions you receive. Attend all scheduled hearings or appearances.

How To Prepare for Court Appearances

Going to court can feel intimidating. Preparation reduces your stress level significantly.

According to Texas Law Help, the best preparation methods are:

• Prepare and organize your documents and records beforehand
• Arrive early to the courthouse for security and parking
• Treat it like a job interview with appropriate dress and behavior

Learn more about courthouse expectations in Texas Law Help’s Tips for the Courtroom article.

What Happens if You Don’t Respond to the Lawsuit?

Responding to a lawsuit is the most important action you can take. If you ignore a lawsuit, you’ll likely lose by default. The judge will issue a default judgment against you.

A default judgment is a court order allowing the plaintiff to collect. They can request wage garnishment. They can levy your bank account. They can place a lien on your property.

Debt collectors count on you not showing up. They want an easy win. If you don’t take action, you hand them victory. By responding to the lawsuit, you give yourself a fighting chance to win.

If you already have a default judgment, you can file a motion to vacate. Vacating means canceling the judgment. Submit an official request with the court that served you. Seek legal help for this complex process.

Need Legal Help?

• The Texas State Law Library Debt Collection Guide details your rights under Texas state law when dealing with debt collectors.
• Texas Law Help provides free legal information including “How To Guides,” like their How to File an Answer Guide.
• Texas Judicial Branch has legal aid resources for Texans, including their Lawyer Referral Service and legal services referral directory.
• Our partner Solo is an online service that helps you respond to a debt lawsuit quickly and professionally.