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Texas Answer to a Complaint

Texas sets your answer due by 10 a.m. on the Monday after 20 days from service under TRCP 99. File on time or the plaintiff can take a default judgment.

Introduction

A Texas Answer to a Complaint is the written response you file with the clerk of the District Court or County Court at Law after you are served with a citation and the plaintiff's petition. It admits or denies the petition's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. Texas uses an unusual deadline. Under Tex. R. Civ. P. 99(b), your answer is due by 10:00 a.m. on the Monday next after the expiration of twenty days after the date you were served. What also sets a Texas answer apart is how little it can be. Under Tex. R. Civ. P. 92 a defendant may file a one-sentence general denial that puts the plaintiff to proof on every allegation, though Tex. R. Civ. P. 93 requires certain matters to be denied under oath. You can use the Civil Answer form CV-Ans-102 or type the answer on 8.5 by 11 paper that complies with Tex. R. Civ. P. 45, then file it with the clerk of the court named in the citation. Miss the deadline and the plaintiff can take a default judgment under Tex. R. Civ. P. 239. DocDraft drafts a Texas-formatted answer from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Your deadline is the Monday rule, not a flat count. Under Tex. R. Civ. P. 99(b) your answer is due by 10:00 a.m. on the Monday next after the expiration of twenty calendar days after you were served with the citation and petition.

  2. 2

    A general denial can be one sentence. Under Tex. R. Civ. P. 92 a defendant may file a general denial that puts the plaintiff to proof on the allegations, but Tex. R. Civ. P. 93 requires certain matters to be denied under oath in a verified pleading.

  3. 3

    The form depends on the court. You can answer on the Civil Answer (Non-family) form CV-Ans-102 or type your answer on 8.5 by 11 paper that complies with Tex. R. Civ. P. 45, then file with the clerk of the court named in the citation.

  4. 4

    Justice Court is faster and uses a different rule. In a small claims case in Justice Court, the answer is due by the end of the 14th day after you were served under Tex. R. Civ. P. 502.5(d), not the Monday-next rule that applies in District and County Courts.

  5. 5

    An eviction case has no separate written answer deadline. In an eviction (unlawful detainer), the citation sets a trial date 10 to 21 days after the petition is filed, and under Tex. R. Civ. P. 510.6(a) you may but are not required to file a written answer on or before that trial date.

  6. 6

    There is no fee to file an answer, and waivers exist. The answer filing fee is $0, and if you cannot afford other court costs you can file a Statement of Inability to Afford Payment of Court Costs based on public benefits, legal aid representation, or low income.

  7. 7

    A related claim may be compulsory. Under Tex. R. Civ. P. 97(a) a counterclaim that arises out of the same transaction or occurrence is compulsory and must be filed with your answer, and the statute of limitations on a written contract is four years under Tex. Civ. Prac. & Rem. Code 16.004(a)(3).

Key Decisions

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

IN THE [DISTRICT COURT / COUNTY COURT AT LAW] OF [COUNTY] COUNTY, TEXAS

[PLAINTIFF NAME], Plaintiff, v. Cause No. [CAUSE NUMBER] [DEFENDANT NAME], Defendant.

DEFENDANT'S ORIGINAL ANSWER

TO THE HONORABLE JUDGE OF SAID COURT:

Defendant [DEFENDANT NAME] files this Original Answer to the Plaintiff's Original Petition and respectfully shows the Court as follows.

I. GENERAL DENIAL Under Tex. R. Civ. P. 92, Defendant generally denies each and every allegation in Plaintiff's petition and demands strict proof thereof by a preponderance of the evidence.

II. VERIFIED DENIAL (if applicable) [If your case involves a matter listed in Tex. R. Civ. P. 93, such as a denial that a sworn account is just and true, state the verified denial here and sign it under oath before a notary.]

III. AFFIRMATIVE DEFENSES [State each affirmative defense you intend to rely on, for example: the claim is barred by the four-year statute of limitations on a written contract under Tex. Civ. Prac. & Rem. Code 16.004(a)(3); payment; release; fraud; statute of frauds.]

IV. COUNTERCLAIM (if any) [State any claim you have against the Plaintiff. Under Tex. R. Civ. P. 97(a) a counterclaim arising out of the same transaction or occurrence is compulsory and must be filed with this answer.]

V. PRAYER Defendant prays that Plaintiff take nothing, that Defendant recover costs, and that the Court grant all other relief to which Defendant is justly entitled.

Respectfully submitted,

[SIGNATURE] [DEFENDANT NAME], Pro Se [ADDRESS / PHONE / EMAIL]

CERTIFICATE OF SERVICE I certify that on [DATE] a true copy of this answer was served on [PLAINTIFF / PLAINTIFF'S ATTORNEY] under Tex. R. Civ. P. 21a, by [electronic service through the e-filing manager / mail / in person / fax / email]. [SIGNATURE]

Texas Requirements for Answer to a Complaint

Monday-Next Answer Deadline

In a general civil case your answer is due by 10:00 a.m. on the Monday next after the expiration of twenty calendar days after the date you were served with the citation and petition, under Tex. R. Civ. P. 99(b). In Justice Court the deadline is the end of the 14th day after service under Tex. R. Civ. P. 502.5(d).

CV-Ans-102 Form or TRCP 45 Paper

Answer on the Civil Answer (Non-family) form CV-Ans-102, or type the answer on 8.5 by 11 paper that complies with Tex. R. Civ. P. 45. Under Tex. R. Civ. P. 92 a general denial may suffice, but Tex. R. Civ. P. 93 requires certain matters to be denied under oath in a verified pleading.

Court Caption

Caption the answer for the court named in the citation, which for general civil cases is a District Court or a County Court at Law in the county where the suit was filed, and for small claims up to $20,000 is the Justice Court. Include the cause number, the parties' names, and the title Defendant's Original Answer.

File With the Court Clerk

File your answer with the clerk of the court named in the citation. E-filing is mandatory for attorneys in district and county courts under Tex. R. Civ. P. 21(f) and optional for self-represented defendants, who may also file in person or by mail.

Serve a Copy on the Plaintiff

Under Tex. R. Civ. P. 21a, serve a copy of your answer on the plaintiff or their attorney, electronically through the e-filing manager, or if unrepresented or not e-filed, in person, by mail, commercial delivery, fax, or email, and keep proof of service.

No Answer Fee, Waiver Available

The fee to file an answer in Texas is $0. If you cannot afford other court costs, file a Statement of Inability to Afford Payment of Court Costs or an Appeal Bond, based on receipt of public benefits, legal aid representation, or insufficient income.

Affirmative Defenses

State each affirmative defense you intend to rely on, such as statute of limitations, payment, release, fraud, statute of frauds, accord and satisfaction, or estoppel. The statute of limitations on a written contract is four years under Tex. Civ. Prac. & Rem. Code 16.004(a)(3).

Compulsory Counterclaim If Any

Under Tex. R. Civ. P. 97(a), a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim and does not require third parties beyond the court's jurisdiction is compulsory and must be filed with your answer, or you can lose the right to bring it later.

Frequently Asked Questions

In a general civil case, Tex. R. Civ. P. 99(b) sets your answer due by 10:00 a.m. on the Monday next after the expiration of twenty days after the date you were served with the citation and petition. The deadline differs in other courts. A small claims answer in Justice Court is due by the end of the 14th day after service under Tex. R. Civ. P. 502.5(d), and in an eviction case the citation sets a trial date 10 to 21 days out, where a written answer is allowed but not required. Missing your deadline can lead to a default judgment.

You can use the Civil Answer (Non-family) form CV-Ans-102, or you can type your answer on 8.5 by 11 paper that complies with Tex. R. Civ. P. 45. Under Tex. R. Civ. P. 92 the answer can be a general denial that puts the plaintiff to proof on every allegation, but Tex. R. Civ. P. 93 requires certain matters, such as a denial that an account is just and true, to be denied under oath in a verified pleading.

File your answer with the clerk of the court named in the citation. General civil cases are heard in the District Courts and the Statutory County Courts (County Courts at Law), while small claims cases up to $20,000 are heard in the Justice Courts. E-filing is mandatory for attorneys under Tex. R. Civ. P. 21(f) and optional for self-represented defendants, who may also file in person or by mail.

The fee to file an answer in Texas is $0. If you cannot afford other court costs, you can file a Statement of Inability to Afford Payment of Court Costs or an Appeal Bond. Eligibility is based on receipt of public benefits, representation by legal aid, or income too low to afford the fees, and the form is filed with the same court that is hearing your case.

Under Tex. R. Civ. P. 239, at any time after a defendant is required to answer, the plaintiff may take a judgment by default if no answer has been filed. You may be able to set the judgment aside by filing a Motion for New Trial within 30 days after the judgment is signed (14 days in Justice Court) and showing good cause under Craddock v. Sunshine Bus Lines, meaning the failure to answer was not intentional or due to conscious indifference, you have a meritorious defense, and a new trial will not injure the plaintiff.

Yes, and you may be required to. Under Tex. R. Civ. P. 97(a), a counterclaim is compulsory if it arises out of the same transaction or occurrence as the plaintiff's claim and does not require third parties over whom the court cannot acquire jurisdiction. A compulsory counterclaim must be filed with your answer or it can be lost. A claim arising from a different transaction may be raised as a permissive counterclaim.