For lawsuits filed in a Texas District or County court, a defendant usually must file an answer with the court no later than twenty (20) days after being served with a lawsuit.
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“The citation shall include the following notice to the defendant: ‘You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m. on the Monday next following the expiration of twenty days after you were served this citation and petition, a default judgment may be taken against you.’”
Texas Rule of Civil Procedure 99.c. |
For lawsuits filed in a Texas Justice court, a defendant usually must file an answer with the court no later than ten (10) days after being served with the lawsuit.
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“Where citation has been personally served at least ten days before appearance day, exclusive of the day of service and of return, the answer of the defendant shall be filed at or before ten o'clock a.m. on such day. . . .”
Texas Rule of Civil Procedure 535. |
What, you might ask, is an “answer” that must be filed with the court?
The answer that must be filed with the court is nothing more than a properly-formatted legal document that tells the court that you do not agree with some or all of the statements contained in the petition that was filed by the plaintiff and with which you were served.
Filing a legally-sufficient answer — in a timely manner — is necessary to protect your right to tell your side of the story in court.
A word of caution: Although timely filing an answer will usually protect your legal rights, there are circumstances where filing an answer may actually WAIVE certain rights or defenses that you may have to a lawsuit.
The best course of action, of course, is to always obtain competent legal advice and representation as soon as possible, which often may be prior to the filing or service of a lawsuit.
But at a minimum, you should contact an attorney as soon as possible after being served with a lawsuit. Any delay beyond this point in time may make it difficult — or possibly even impossible — to find an attorney who will have the time to help you.
The answer that must be filed with the court is nothing more than a properly-formatted legal document that tells the court that you do not agree with some or all of the statements contained in the petition that was filed by the plaintiff and with which you were served.
Filing a legally-sufficient answer — in a timely manner — is necessary to protect your right to tell your side of the story in court.
A word of caution: Although timely filing an answer will usually protect your legal rights, there are circumstances where filing an answer may actually WAIVE certain rights or defenses that you may have to a lawsuit.
The best course of action, of course, is to always obtain competent legal advice and representation as soon as possible, which often may be prior to the filing or service of a lawsuit.
But at a minimum, you should contact an attorney as soon as possible after being served with a lawsuit. Any delay beyond this point in time may make it difficult — or possibly even impossible — to find an attorney who will have the time to help you.
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Disclaimer
The information contained in this publication is provided by Lapin Law Offices, P.C., for informational purposes only and shall not constitute legal advice or serve as the basis for the creation of an attorney-client relationship. The laws and interpretation of laws discussed herein may not accurately reflect the law in the reader’s jurisdiction. Do not rely on the information contained in this publication for any purpose. If you have a specific legal question, please consult with an attorney in your jurisdiction who is competent to assist you.
