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Texas State Guide

Served with a lawsuit in Texas? Your Answer is due by 10:00 a.m. on the first Monday after 20 days. Here's how to file under the Texas Rules of Civil Procedure.

The Monday rule

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. This is earlier than most people expect. A default judgment can be entered immediately if you miss it.

Texas Answer deadlines

Service Method
Deadline
Rule
Personal service (citation)
Monday after 20 days
TRCP Rule 99
Service by mail
Monday after 20 days + mailbox rule
TRCP Rule 21a
Substituted service
Monday after 20 days from filing affidavit
TRCP Rule 106
Service by publication
Monday after 20 days from last publication
TRCP Rule 116

Step by step

1

Determine your deadline

Texas uses a unique deadline calculation: your Answer is due by 10:00 a.m. on the first Monday after 20 days from service. This "Monday rule" catches many defendants off guard. The clock starts the day after you were served. If the Monday falls on a legal holiday, the deadline extends to the next business day.

2

Read the Petition

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.

3

Draft your Answer

Texas allows a General Denial, which is a single statement denying all material allegations. This is one of the simplest answers in any state. However, you should still include legal reasons the case should fail (affirmative defenses). Your Answer needs: case style (caption), cause number, general denial or specific responses, affirmative defenses, and signature.

4

Include affirmative defenses

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.

5

File with the court

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).

6

Serve the opposing party

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.

Common affirmative defenses in Texas

Statute of limitations (Tex. Civ. Prac. & Rem. Code §§ 16.001–16.075)
General denial (TRCP Rule 92)
Lack of personal jurisdiction
Accord and satisfaction
Payment / release / discharge
Statute of frauds (Tex. Bus. & Com. Code § 26.01)
Failure of consideration
Waiver / estoppel / laches

Texas court system basics

District Courts

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

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.

Electronic Filing

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.

Everything's bigger in Texas — including the consequences of missing your deadline.

SynthCounsel generates a TRCP-compliant Answer with a general denial, numbered affirmative defenses, and a Certificate of Service. Ready for eFileTexas in minutes.