How to Respond to a Lawsuit in Texas: Answer a Citation (2026)

An answer responds to the plaintiff's petition. At a minimum it can be a general denial that requires the plaintiff to prove its case, and it should also state any affirmative defenses you have. For a non-family civil case you can use the official Civil Answer form (CV-Ans-102) or type your answer on 8.5 by 11 inch paper that complies with Tex. R. Civ. P. 45, with the court, parties, and cause number in the caption.

Under Tex. R. Civ. P. 99(b), you do not simply count 20 days. You count 20 calendar days from the date you were served, then your answer is due by 10:00 a.m. on the next Monday after that. For example, if your 20th day lands on a Wednesday, your answer is due at 10:00 a.m. the following Monday. This gives you the 20 days plus the remaining days until that Monday, but never less than 20 days.

Justice Court cases, which include small claims up to $20,000, use a different and shorter rule. Under Tex. R. Civ. P. 502.5(d), the defendant must file an answer by the end of the 14th calendar day after the date of service of the citation and petition. The Monday-next rule does not apply in Justice Court, so calendar the 14-day deadline carefully.

Under Tex. R. Civ. P. 239, once your time to answer has passed without an answer on file, the plaintiff can take a default judgment for what the petition requests. You can file a Motion for New Trial or Motion to Set Aside the default, generally within 30 calendar days after the judgment is signed under Rule 329b(a), or within 14 days in Justice Court under Rule 505.3(b). Courts apply the Craddock good-cause standard: the failure to answer was a mistake or accident rather than intentional or conscious indifference, you have a meritorious defense, and a new trial will not unduly delay or harm the plaintiff.

The Rule 99 Monday-next structure already builds in a few extra days beyond a flat 20-day count. Beyond that, parties often agree in writing to extend the answer date, and you can ask the court for more time. The safest move is to file at least a general denial by your deadline to stop the default clock, then seek any extension, because the time to answer keeps running until an answer is on file.

Texas charges no separate fee to file an answer, but if you face other court costs you can file a Statement of Inability to Afford Payment of Court Costs or an Appeal Bond. Eligibility is based on receiving public benefits, being represented by legal aid, or having income too low to afford fees. Filing the statement lets your case proceed without paying those costs while the court reviews it.

Yes. Defective service of process is a recognized defense in Texas, and proper service is what makes a default judgment valid. Service problems are commonly raised through a motion or a special appearance, and they can also support setting aside a default judgment if you were never properly served. Do not ignore the citation on the assumption service was bad, because that still risks a default. Address the service issue with the court instead.

Tex. R. Civ. P. 94 lists affirmative defenses including statute of limitations, payment, release, fraud, accord and satisfaction, discharge in bankruptcy, estoppel, and waiver. To assert your own claim against the plaintiff, you plead a counterclaim. Under Tex. R. Civ. P. 97(a), a counterclaim is compulsory if it arises out of the same transaction or occurrence and does not require parties the court cannot reach, meaning you can lose it if you do not raise it now.

Respond the same way as any civil case: file a timely answer that puts the plaintiff to its proof and raises your defenses. In debt cases, check the four-year statute of limitations for breach of a written contract under Tex. Civ. Prac. & Rem. Code § 16.004(a)(3), and whether the collector validated the debt under the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692g. Do not ignore the citation, because silence leads to a default judgment for the full amount claimed.