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Served with a lawsuit in Texas? Your Answer is due by 10:00 a.m. on the first Monday after 20 days (district and county courts; 14 days in justice court small claims and debt claim cases). Here's how to file under the Texas Rules of Civil Procedure.
Texas deadlines work differently than other states. Your Answer is due by 10:00 a.m. on the first Monday after 20 days from service (district and county courts; 14 days in justice court small claims and debt claim cases). A default judgment can be entered after this deadline passes.
Which rule applies depends on the court that issued your citation. In a justice court small claims or debt claim case, your answer is due by the end of the 14th day after the day you were served; eviction cases follow the trial date on the citation instead. In district and county courts, it is due by 10:00 a.m. on the Monday after 20 days from service, a "Monday rule" that catches many defendants off guard. Your citation states which applies. The clock starts the day after you were served. If the Monday falls on a legal holiday, the deadline moves to the next day that is not a Saturday, Sunday, or legal holiday; this guide assumes the 10:00 a.m. cutoff still applies on that day.
Texas calls it a "Petition," not a "Complaint." The Petition contains numbered paragraphs with allegations. Your Answer (called an "Original Answer") must respond to each. Under TRCP Rule 92, a general denial is permitted in Texas and denies all allegations without responding paragraph by paragraph.
Texas allows a General Denial, which is a single statement denying all material allegations. This is one of the simplest answers in any state. An answer may also state affirmative defenses; under TRCP 94 they must be pleaded or they may be waived. Your Answer needs: case style (caption), cause number, general denial or specific responses, affirmative defenses, and signature.
Under TRCP Rule 94, affirmative defenses must be specifically pled. Texas has a defined list including statute of limitations, accord and satisfaction, and payment. Unlike a general denial, these defenses must be raised or they are waived. Each should be clearly labeled and numbered.
Texas District and County Courts use e-filing through approved Electronic Filing Service Providers (EFSPs) like eFileTexas.gov. E-filing is mandatory in most Texas courts. Create an account, upload your Answer, and pay the filing fee. Fee waivers are available by filing an Affidavit of Inability to Pay (TRCP Rule 145).
After filing, serve a copy on the plaintiff or their attorney. Under TRCP Rule 21a, you can serve by e-service (if registered), mail, hand delivery, or fax. File a Certificate of Service documenting the method and date of service.
Texas has over 470 District Courts. They are the primary trial courts for civil cases over $200 (in practice, most civil litigation). Harris County (Houston) and Dallas County have the highest civil filing volumes.
County Courts at Law handle civil cases from $200 to $200,000. Many consumer debt cases are filed here. Texas also has Justice Courts for cases under $20,000.
Texas mandates e-filing in most courts through approved EFSPs. eFileTexas.gov is the most common portal. Self-represented litigants can request an exemption from mandatory e-filing in some courts.
SynthCounsel produces the Answer once the rule data behind it is reviewed by a licensed attorney; until then this guide explains the process.