How to Answer a Summons for Debt Collection in Texas (2025)

Getting sued for debt is stressful. We’ll make responding to your Texas debt lawsuit easier.

You have limited time to respond. Act now to protect your rights.

What Happens When You’re Served Papers for Debt in Texas

A debt lawsuit begins when the plaintiff serves you a Summons and Petition. The Summons notifies you about the lawsuit. The Petition lists the claims against you.

Proper service in Texas happens through these methods:

• Hand delivery by a sheriff or constable
• Hand delivery by a court-certified person over 18
• Certified mail with return receipt requested
• Hand delivery by any other authorized person

After service, the clock starts on your response deadline. Missing the deadline means you could lose by default.

Your Deadline to Answer a Debt Collection Summons in Texas

You have 14-20 days to respond, depending on your court. Missing the deadline allows the plaintiff to file a default judgment.

A default judgment lets them garnish wages, seize property, and place liens. Respond immediately to avoid these consequences.

Justice court deadline: 14 days from service. If day 14 falls on a weekend or holiday, you get until the next business day.

District court deadline: 10 am on the Monday after 20 days have passed since service.

Example: Freddy gets served on April 1, 2022. In justice court, he has until April 15, 2022. In district court, he has until 10 am on Monday, April 25, 2022.

Texas Forms to Answer Your Debt Collection Summons

Texas doesn’t have a statewide Answer form. Check with your court for specific forms they accept.

Here are your options for drafting an Answer:

• Our partner Solo helps you respond in less than 10 minutes with attorney review and filing services included
• CV-Ans-102 Civil Answer form (four-page paper form)
• Texas Appleseed form with affirmative defenses

Attorney representation can cost more than the debt itself. Our partner Solo saves you money while protecting your rights with proper formatting and legal language.

Follow These Steps to Respond to Your Texas Debt Collection Case

You need to complete three steps:

1. Answer each issue in the Complaint
2. Assert affirmative defenses
3. File the Answer

Step 1: Answer Each Issue Listed in the Complaint

Read the complaint carefully. Respond to each numbered paragraph in one of three ways:

• Admit: You agree the claim is true
• Deny: You make them prove it
• Deny due to lack of knowledge: You don’t have enough information

Attorneys recommend denying all claims. When you deny, the plaintiff must prove each allegation.

Many debt collectors would rather dismiss than prove their case. Proving takes time, money, and resources they don’t want to spend.

Step 2: Assert Affirmative Defenses

Affirmative defenses explain why the plaintiff has no valid case. Include relevant defenses in your Answer.

Common defenses include:

• The account isn’t yours
• The contract was already canceled
• The statute of limitations has expired
• The debt has been paid or excused
• The debt has been partially paid
• You were a co-signer but weren’t informed of your rights

Raise these defenses in your initial response. You won’t be able to bring them up later in court.

Note that inability to pay is not a legal defense.

Step 3: File the Answer

After drafting your Answer, you must file it. Texas accepts filing by mail or e-file.

To file by mail:

• Print two copies of your Answer
• Mail the original to the court via certified mail
• Mail the other copy to the plaintiff’s attorney via certified mail

Find both addresses on your Summons document. The court’s address appears in the first two paragraphs. The attorney’s address is on the top left of the first page.

To file electronically, use the Texas e-file portal. Our partner Solo can handle the filing process for you.

Beat a Debt Collector in Small Claims Court

The lawsuit process is identical in small claims courts. You receive a Summons and Petition, then respond before the deadline.

File your Answer first. Then reach out to the plaintiff’s attorney about settlement.

Don’t negotiate before filing your Answer. Some collectors file for default judgment even after agreeing to settle. Always respond first, then negotiate.

When Your Debt Is Sold to a Collection Company

Creditors commonly sell debts to collection agencies. These agencies buy debts in bulk for pennies on the dollar.

They may have purchased your debt for much less than you owe. They’ll make huge profits if you pay the full amount.

Research before making any payments to a collection agency.

Example

Sally got an American Express card in 2017. After losing her job, she missed payments. She owed $954.13 to American Express.

Five years later, LVNV Funding LLC contacts Sally about the debt. She’s never heard of this company. She learns LVNV purchased her debt from American Express for less than $200.

LVNV contacts her repeatedly. She ignores the calls. Then LVNV serves her with a Summons and Complaint.

LVNV would make huge profits if Sally paid the full amount. Since collection agencies buy debts cheap, they usually settle for less.

Sally should file an Answer and reach out about settlement. She might settle for less than 50% of the original amount. LVNV would still profit.

Before negotiating, Sally should verify the debt is valid. Check the statute of limitations, correct amount, and proper ownership.

The Debt Might Be Past the Statute of Limitations in Texas

The statute of limitations sets a deadline for creditors to sue. After the deadline passes, they lose the legal right to sue.

Texas has a 4-year statute of limitations on debt. After 4 years of no activity, collectors can’t legally sue you.

But that won’t stop them from trying.

Collectors may sue you past the statute of limitations. You must raise this as a defense in your Answer.

A lawsuit can interrupt the statute of limitations. The clock starts when you miss a payment but stops when a lawsuit is filed.

If you’re sued three years and 11 months after the last activity, you can’t use this defense.

New Texas Laws Protect You From Debt Buyers

In 2019, Texas introduced Section 392.307 to prevent reviving the statute of limitations on debt.

Key protections:

• Any activity on a debt account doesn’t restart the clock for debts purchased by debt buyers
• Debt buyers must provide written notice if the debt is past the statute of limitations

Note: These laws mostly apply to debt buyers. For debts owed to original creditors, research the statute of limitations before agreeing to pay anything.

You may restart the clock by:

• Making any payments on the debt
• Acknowledging you owe the debt
• Accepting a debt repayment plan
• Agreeing to a settlement amount
• Making charges on the dormant account

Check if your debt is four or more years old before taking these actions.

Example Continued

Sally hasn’t made payments in 5 years. LVNV is legally prohibited from suing her. Sally should include this in her Answer. Her case will be dismissed.

Verifying debt before taking action is crucial. If Sally had sent a Debt Validation Letter before court, she could have avoided the lawsuit entirely.

Most collectors give up after receiving a Debt Validation Letter. Validating debt takes time and money they’d rather spend elsewhere.

What If You Haven’t Been Sued Yet?

If you’ve only received a collections notice, respond with a Debt Validation Letter. Send this letter when a collector contacts you by phone or mail.

The letter notifies the collector you dispute the debt. They must provide proof you owe it. They can’t call or continue collecting until they validate.

Settle Your Debt in Texas Before Going to Court

If the debt is valid and you owe it, settlement might be your best option. Debt settlement involves offering to pay a percentage immediately.

Settlement tips for Texas:

• File an Answer first. You can reach out to settle at any point. But file your Answer first to protect yourself. Some collectors file for default judgment even after agreeing to settle. Always file your Answer before negotiating.
• Send a fair offer to start negotiations. Determine what you can afford in a lump sum. Junk debt buyers accept lower offers than original creditors. Start with 10-35% for debt buyers. Offer 50-75% to original creditors.
• Get the settlement agreement in writing. The agreement should outline payment amount, due date, and payment method. It should state you’re released from remaining debt and the lawsuit is dismissed.

Find Debt Relief in Texas

Texas has several programs to help struggling Texans:

• Lone Star Card: Provides SNAP food benefits and TANF cash benefits
• Temporary Assistance for Needy Families (TANF): Cash payments for food, clothing, housing, and essentials
• Repatriation Program: Temporary assistance for qualified U.S. citizens returning from foreign countries
• Feeding Texas: Hunger-relief organization reaching over 5 million Texans annually
• Supplemental Nutrition Assistance Program (SNAP): Helps people buy food and garden seeds
• Private Student Loan Relief: Financial counselors link families with assistance agencies

If you don’t qualify for these programs, consider debt consolidation, settlement, management plans, or counseling. As a last resort, consider bankruptcy.

Don’t ignore the debt. Ignoring leads to frozen bank accounts or wage garnishment. Address your debt situation early.

Texas Wage Garnishment Laws Favor Consumers

Wage garnishment happens when a court grants judgment and notifies your employer to withhold income.

Texas wage garnishment laws benefit consumers. Your wages cannot be garnished for credit card or medical debt.

The Texas Constitution allows wage garnishment only for:

• Court-ordered child support
• Unpaid taxes
• Student loans

Debt collectors cannot garnish wages. But they can freeze your bank account after winning a lawsuit and obtaining a “writ of garnishment.”

A frozen account means you can’t withdraw money or transfer funds.

Other Texas Debt Collection Laws Protect You

The Texas Debt Collection Practices Act echoes the FDCPA and provides additional consumer protections.

Debt collectors cannot:

• Falsely accuse you of fraud
• Threaten to arrest you without a court order
• File charges without valid reason
• Use violence to harm you or your property
• Threaten to repossess property without court proceedings
• Accuse you of willfully failing to pay disputed debt
• Phone repeatedly to harass you
• Use obscene or profane language
• Cause you to incur fees while failing to identify themselves
• Leave the phone ringing repeatedly to harass
• Fail to disclose the original creditor’s name
• Fail to indicate their name, address, and phone in written requests
• Misrepresent your debt amount in legal proceedings
• Falsely claim government affiliation
• Impose additional fees not in the contract

These laws ensure collectors treat consumers with honesty, dignity, and respect.

Check the Status of Your Texas Court Case

To check your case status, first know which court has jurisdiction. The Texas judicial system has five levels.

Your court depends on the debt amount:

• Justice Court: Up to $20,000
• County Court: $20,000 to $250,000
• District Court: Over $250,000

Your case is likely in the small claims division.

To check case status, visit or call your local courthouse. Ask the clerk for your case status. Provide your case number and identifying information.

Some counties offer online case access portals. Most major Texas counties have online systems where you can search by case number.

Tips From a Former Texas Debt Collector

We interviewed Bill, a former debt collector who worked for major Texas agencies. He shared two major tips:

1. Send a Debt Validation Letter or Cease and Desist Letter to stop calls. If a collector can’t validate your debt, they must stop calling. They won’t have grounds to file a lawsuit. A Cease and Desist letter stops calls temporarily but won’t block legal action.
2. You have better chances of settling if your debt is old. When the statute of limitations is about to expire, collectors may accept settlement offers. They might accept lower amounts as a last-ditch effort to collect something.