Sued by a debt collector in Texas

About 14 days: that is the usual time to answer a debt lawsuit in Texas. Below: default, defenses, what you can lose and the steps.

Short answer

Texas's deadline is shorter than in most states, so act fast. Justice court (debt claim cases up to $20,000, Tex. R. Civ. P. 500.3(b)): a written answer by the end of the 14th day after you are served (Tex. R. Civ. P. 502.5(d)). If you don't file an answer on time, the court can enter a default judgment against you for what the collector asks. Too old? Texas allows 4 years to sue on a written contract, and an older debt can be a defense.

Time to answer
14 days
Time limit to sue (written contract)
4 years
Court self-help
Official page

Your deadline to answer in Texas

Time to answer
Justice court (debt claim cases up to $20,000, Tex. R. Civ. P. 500.3(b)): a written answer by the end of the 14th day after you are served (Tex. R. Civ. P. 502.5(d)). County or district court: by 10:00 a.m. on the Monday after 20 days have passed since you were served (Tex. R. Civ. P. 99(b)).
Court self-help
Texas court self-help (official)

Our 48 state guides range from 14 to 30 days to answer; Texas's 14 days is shorter than most.

In nearby states

If you don't answer in Texas

If you don't file an answer on time, the court can enter a default judgment against you for what the collector asks.

Texas rules for debt lawsuits

  • Texas has special court rules for debt-claim cases brought by debt collectors, debt buyers, banks and lenders in justice court (Tex. R. Civ. P. 508).
  • Your wages are generally safe from consumer creditors in Texas, even after a judgment (Tex. Const. art. XVI, § 28).
  • A debt buyer cannot sue you or start arbitration once the 4-year limit has run, and a payment does not restart it. (Tex. Fin. Code § 392.307(c)-(d))

Old debts as a defense in Texas

Texas's time limit to sue is 4 years (Tex. Civ. Prac. & Rem. Code § 16.004(a)(3); § 16.065; Tex. Fin. Code § 392.307). On whether a payment restarts the clock in Texas: For most creditors, a signed written acknowledgment of an old debt can matter in court; an oral one does not (Tex. Civ. Prac. & Rem. Code § 16.065). A collector may not sue or threaten to sue on a time-barred debt (12 CFR 1006.26(b)).

Check Texas's statute of limitations

If the collector wins in Texas

  • Wage limit: Current wages cannot be garnished for ordinary consumer debts such as credit cards or medical bills.
  • Property: Your homestead is protected: up to 10 acres in a city, or up to 200 acres (family) / 100 acres (single adult) in the country (Tex. Prop. Code §§ 41.001-41.002).

Texas's garnishment rules

Your claims against the collector in Texas

You can sue for actual damages and an order to stop the conduct. If you win, the court awards attorney's fees and costs. For some violations (no bond, ignoring a dispute, threatening arrest) you get at least $100 per violation.

Responding to a debt lawsuit in Texas

  1. Check that the case is real

    Call or search the court yourself; don't use contact details from the papers.

  2. Count the days

    In Texas: Justice court (debt claim cases up to $20,000, Tex. R. Civ. P. 500.3(b)): a written answer by the end of the 14th day after you are served (Tex. R. Civ. P. 502.5(d)).

  3. Send in your answer

    File the answer with the clerk and mail a copy to the collector's lawyer. Start with Texas court self-help (official).

  4. Check every defense

    Is it yours, is the amount right, did you pay, is it older than Texas's 4 years for written contracts?

  5. Don't skip a hearing

    Take your papers to each hearing; a dispute letter still makes the collector prove the debt.

Where to get free help in Texas

Questions about debt lawsuits in Texas

How long do I have to answer a debt lawsuit in Texas?

Justice court (debt claim cases up to $20,000, Tex. R. Civ. P. 500.3(b)): a written answer by the end of the 14th day after you are served (Tex. R. Civ. P. 502.5(d)). County or district court: by 10:00 a.m. on the Monday after 20 days have passed since you were served (Tex. R. Civ. P. 99(b)).

What if I miss the deadline to answer in Texas?

If you don't file an answer on time, the court can enter a default judgment against you for what the collector asks.

Is an old debt a defense to a lawsuit in Texas?

Texas's time limit to sue is 4 years (Tex. Civ. Prac. & Rem. Code § 16.004(a)(3); § 16.065; Tex. Fin. Code § 392.307). A collector may not sue or threaten to sue on a time-barred debt (12 CFR 1006.26(b)).

More for Texas