Sued in Texas? You may have only 14 days to answer
Justice Court (debt claim case): 14 days. County or District Court: by 10 a.m. on the Monday after 20 days.
Checked against official sources: Oct 24, 2026. · Free letters and forms ↓
Count your answer deadline in Texas
Pick your court and the day you were served (got the court papers). We show the last day to answer and what to do next.
Texas guides by topic
How to answer in Texas
Your deadline by court, the official form, fees and defenses.
Default judgment in Texas
What a default means and how to set it aside, with a calculator.
After a judgment in Texas
Wage garnishment, bank levies and how to claim an exemption.
Debt buyer lawsuits in Texas
What a debt buyer must prove, and old debts as a defense.
Which court hears debt cases in Texas
Justice Court (debt claim cases)
A 'debt claim case' is a suit to recover a debt brought by an assignee (debt buyer), a debt collector or collection agency, a financial institution, or a lender. The limit is $20,000, not counting statutory interest and court costs but including attorney fees. Special Rule 508 applies.
Law: Tex. R. Civ. P. 500.1(b); 508.1
County Court / County Court at Law
Larger debt suits may be filed here; the citation gives a Monday 10:00 a.m. answer deadline.
Law: Tex. R. Civ. P. 99(b)
District Court
Hears the largest debt suits; same answer deadline as county court.
Law: Tex. R. Civ. P. 99(b)
How to answer in Texas
- How to answer
File a written answer with the court clerk named on the citation and send a copy to the plaintiff. The answer must give your name, address and phone number, and may say whether you agree to email service. A simple 'general denial' (denying everything without giving reasons) is enough and does not stop you from raising any defense at trial.
- If you can't pay the fees
Statement of Inability to Afford Payment of Court Costs or an Appeal Bond (Supreme Court of Texas form, bilingual): https://www.txcourts.gov/media/1456942/statement-of-inability-to-afford-payment-of-court-costs-or-an-appeal-bond-bilingual.pdf
- How you must be served
Justice Court: a sheriff, constable, certified process server, or the court clerk (by mail) must deliver the citation and petition to you in person, or mail them to you by registered or certified mail, restricted delivery, with return receipt. County or District Court: the same, by personal delivery or registered or certified mail with return receipt. If those methods fail, the court can allow another method, such as leaving the papers with anyone older than 16 at a place where you can probably be found, or service by email or social media.
Law: Tex. R. Civ. P. 501.2(a)-(b), (e); 106(a)-(b)
Law: Tex. R. Civ. P. 502.5(a), (b), (d); 99(b); 145
Defenses to know in Texas
- Defenses in Texas law
The limit is 4 years, and a debt buyer cannot sue on a debt once that period has run; a payment does not restart it. In justice court, the plaintiff in a debt claim case must prove ownership of the account and how it acquired it.
Law: Tex. Civ. Prac. & Rem. Code § 16.004(a)(3); Tex. Fin. Code § 392.307(c)-(d); Tex. R. Civ. P. 508.3(b)(3)(D)
- Debt buyer lawsuits
- In a justice court debt claim case, the petition must state, for a credit card, revolving or open account: the account or card name, the (masked) account number, the date the account was opened and charged off if known, the amount owed as of a date, and whether ongoing interest is sought (with the rate, its basis and the dollar amount). Debt buyer lawsuits in Texas: the full rules
- Time limit to sue (written contract)
- 4 years · More on old debts at Debt Collector Map
If you missed the deadline in Texas
A default judgment means the court decides against you because you didn't answer. You may be able to ask the court to set it aside (cancel it), but time limits are short.
- What happens
If you do not answer on time, the judge checks that you were properly served and then gives the plaintiff a default judgment. In a debt claim case, the plaintiff must still prove its damages. The clerk mails you notice of the judgment.
- How to set it aside (cancel it)
Justice Court: file a motion to set aside the default judgment no later than 14 days after the judgment is signed, and send the plaintiff a copy by the next business day; the judge can grant it for good cause. You can also file a motion for new trial within 14 days, or appeal within 21 days by filing a bond, cash deposit or Statement of Inability. County or District Court: file a motion for new trial within 30 days after the judgment is signed.
Law: Tex. R. Civ. P. 503.1; 505.3(b)-(c), (e); 506.1(a); 329b(a)
Count your deadline to set aside a default
Mediation and settlement in Texas
A justice court judge may order any case to mediation or another alternative dispute resolution process.
Law: Tex. R. Civ. P. 503.5
If there is a judgment in Texas
A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.
- Interest after the judgment
If the contract provides for interest, the lesser of the contract rate or 18% a year. Otherwise, the prime rate set monthly by the Consumer Credit Commissioner, but no lower than 5% and no higher than 15% a year.
- How long it lasts
If no writ of execution is issued within 10 years after the judgment (or within 10 years after the last writ), the judgment becomes dormant. A dormant judgment can be revived within 2 years after it becomes dormant.
Law: Tex. Fin. Code §§ 304.002, 304.003; Tex. Civ. Prac. & Rem. Code §§ 34.001, 31.006
Garnishment, bank levy and exemptions in Texas
Exempt means protected by law: money or property the creditor can't take. Often you must claim it yourself, fast.
- Wage garnishment (taking part of your pay)
Current wages cannot be garnished for ordinary consumer debts such as credit cards or medical bills. The Texas Constitution allows wage garnishment only for court-ordered child support and spousal maintenance; federal debts can still be taken under federal law.
Law: Tex. Const. art. XVI, § 28; Tex. Prop. Code § 42.001(b)(1)
- Bank levy (freezing and taking money in your bank account)
The creditor can get a writ of garnishment that freezes your bank account. You must be served a copy of the writ, which tells you in English and Spanish that your money may be exempt. Texas has no fixed dollar amount protected in a bank account, but exempt money (such as current wages and federal benefits) can be protected. Personal property is protected up to $100,000 for a family or $50,000 for a single adult.
Law: Tex. Prop. Code § 42.001(a)
- How to claim an exemption
Within 3 business days after it learns your property was frozen or seized, the creditor must serve you the Notice of Protected Property Rights and a Protected Property Claim Form. If you file the claim form (a sworn statement), the court must hold a hearing and decide your claim within 10 days (the judge can extend this for good cause), and nothing can be sold or paid out until then; exempt property must be released within 3 business days. Property cannot be sold for 14 days after you are served (17 if by mail). You can also file a motion to dissolve or modify the writ, or post a replevy bond.
Law: Tex. R. Civ. P. 663a; 679b
These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: Texas
Count your deadline to claim an exemption
Free help in Texas
- TexasLawHelp.org (free legal information and legal aid finder)
- Texas RioGrande Legal Aid · (888) 988-9996
- Lone Star Legal Aid · (800) 733-8394
- Legal Aid of NorthWest Texas (Legal Aid TX) · (888) 529-5277
- State Bar of Texas Lawyer Referral · (800) 252-9690
- Find free legal help at LawHelp.org
Court self-help
Free letters and forms
Ask the plaintiff's lawyer for the debt documents
The contract, the chain of ownership and an itemization of what they claim.
Exemption claim cover letter
A letter to the court clerk to file with your exemption claim form.
Good to know in Texas
- In justice court you have only 14 days to answer a debt claim case, and only 14 days after a default judgment to ask to set it aside (Tex. R. Civ. P. 502.5(d), 505.3(b)).
- Since 2022, when a creditor freezes your property after a judgment, it must send you a bilingual Protected Property Claim Form, and the court must rule on your claim within 10 days (Tex. R. Civ. P. 679b).
- Your wages are generally safe from consumer creditors in Texas, even after a judgment (Tex. Const. art. XVI, § 28).
Federal rules in every state
- Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
- Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
- Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
- Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
- Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6
Questions about debt lawsuits in Texas
How long do I have to answer a debt lawsuit in Texas?
Justice Court: by the end of the 14th day after you were served. If that day is a Saturday, Sunday or legal holiday, or the court closes before 5:00 p.m., it is due the next business day. County or District Court: by 10:00 a.m. on the Monday after 20 days have passed since you were served.
How do I answer a debt lawsuit in Texas?
File a written answer with the court clerk named on the citation and send a copy to the plaintiff. The answer must give your name, address and phone number, and may say whether you agree to email service. A simple 'general denial' (denying everything without giving reasons) is enough and does not stop you from raising any defense at trial.
What if I can't afford the court fees in Texas?
Statement of Inability to Afford Payment of Court Costs or an Appeal Bond (Supreme Court of Texas form, bilingual): https://www.txcourts.gov/media/1456942/statement-of-inability-to-afford-payment-of-court-costs-or-an-appeal-bond-bilingual.pdf
What happens if I don't answer in Texas?
If you do not answer on time, the judge checks that you were properly served and then gives the plaintiff a default judgment. In a debt claim case, the plaintiff must still prove its damages. The clerk mails you notice of the judgment.
Can I cancel a default judgment in Texas?
Justice Court: file a motion to set aside the default judgment no later than 14 days after the judgment is signed, and send the plaintiff a copy by the next business day; the judge can grant it for good cause. You can also file a motion for new trial within 14 days, or appeal within 21 days by filing a bond, cash deposit or Statement of Inability. County or District Court: file a motion for new trial within 30 days after the judgment is signed.
How much interest does a judgment add in Texas?
If the contract provides for interest, the lesser of the contract rate or 18% a year. Otherwise, the prime rate set monthly by the Consumer Credit Commissioner, but no lower than 5% and no higher than 15% a year.
How long does a judgment last in Texas?
If no writ of execution is issued within 10 years after the judgment (or within 10 years after the last writ), the judgment becomes dormant. A dormant judgment can be revived within 2 years after it becomes dormant.
Can my wages be garnished in Texas?
Current wages cannot be garnished for ordinary consumer debts such as credit cards or medical bills. The Texas Constitution allows wage garnishment only for court-ordered child support and spousal maintenance; federal debts can still be taken under federal law.
Can a creditor take money from my bank account in Texas?
The creditor can get a writ of garnishment that freezes your bank account. You must be served a copy of the writ, which tells you in English and Spanish that your money may be exempt. Texas has no fixed dollar amount protected in a bank account, but exempt money (such as current wages and federal benefits) can be protected. Personal property is protected up to $100,000 for a family or $50,000 for a single adult.
How do I claim an exemption in Texas?
Within 3 business days after it learns your property was frozen or seized, the creditor must serve you the Notice of Protected Property Rights and a Protected Property Claim Form. If you file the claim form (a sworn statement), the court must hold a hearing and decide your claim within 10 days (the judge can extend this for good cause), and nothing can be sold or paid out until then; exempt property must be released within 3 business days. Property cannot be sold for 14 days after you are served (17 if by mail). You can also file a motion to dissolve or modify the writ, or post a replevy bond.
More help on our sister sites
Sources
- Texas Rules of Civil Procedure (txcourts.gov)
- Supreme Court of Texas forms page
- Protected Property Claim Form (bilingual)
- Notice of Protected Property Rights (bilingual)
- Statement of Inability to Afford Payment of Court Costs (bilingual)
- Tex. Fin. Code ch. 304 (judgment interest)
- Tex. Civ. Prac. & Rem. Code ch. 34 (dormant judgments)
- Tex. Civ. Prac. & Rem. Code ch. 31 (revival of judgment)
Last checked: Oct 24, 2026.
- Venue for debt collection suits, 15 U.S.C. 1692i
- Time-barred debts, 12 CFR 1006.26 (Regulation F)
- Default judgments and servicemembers, 50 U.S.C. 3931
- Restrictions on garnishment, 15 U.S.C. 1673
- Federal benefit payments in bank accounts, 31 CFR part 212
- CFPB: What should I do if I'm sued by a debt collector or creditor?