Being served with a lawsuit is stressful, and ignoring it can be costly. In Texas, a defendant who does not respond on time risks a default judgment, which means the court may rule for the other side without hearing your version of events.
The general answer deadline
In many Texas state court cases, the answer is due by 10:00 a.m. on the Monday next after the expiration of 20 days from the date you were served. Different rules and deadlines can apply in justice courts, federal court, and special proceedings, so always read the citation or summons carefully, and check the exact date with an attorney.
What a default judgment can mean
If no answer is filed, the plaintiff can ask the court for a judgment on the claims in the petition. That can lead to a money judgment and, later, collection efforts. Setting a default judgment aside is possible in some circumstances, but it is harder and more expensive than answering on time.
First steps after service
Write down the date and time you were served and keep every paper you received.
Calendar the answer deadline immediately.
Do not ignore the case because the claim seems wrong or the other side has been difficult.
Notify your insurer if the claim could be covered by a business or property policy.
Preserve contracts, emails, texts, and financial records.
An answer does not need to resolve the whole case, but it keeps you in it. Getting advice early gives you room to consider defenses, counterclaims, and settlement options.
Davila Cobos Law Firm, PLLC represents clients in San Antonio and Laredo. Learn more about our business litigation lawyer services, or contact the firm to discuss your situation.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Every situation is different, so talk to a Texas attorney about yours.
