Served With a Debt Lawsuit in Texas? What to Do Next

Someone handed you court papers, or they arrived by certified mail, and now you know a company is suing you over a debt. It is normal to feel worried. You have options, and the steps you take in the next few days matter a lot. This guide explains what the papers mean, how service works, how to find your deadline, and what to do (and not do) next.

What You Were Served: The Citation and the Petition

When you are sued in Texas, you are served with two documents together:

• The citation. This is the court's official notice that you have been sued. It names the court, the case number and the parties, gives the plaintiff's attorney's name and address, and tells you the deadline to file a written answer and that a default judgment may be taken if you don't (Texas Rules of Civil Procedure 99 and 501.1).
• The petition. This is the plaintiff's written claim. It explains who is suing you, why, and how much money it says you owe. In a justice court debt claim case, the petition must also give details such as the account name, the masked account number, the amount owed as of a certain date and, if the debt was sold, the prior owners and the original creditor (Rule 508.2). Some plaintiffs attach their evidence to the petition.

The plaintiff may be the original creditor, such as Capital One, Discover, Synchrony Bank or American Express. It may also be a debt buyer, such as Midland Credit Management, Portfolio Recovery Associates, LVNV Funding, Jefferson Capital Systems or Cavalry SPV. Debt buyers acquire accounts, often after the original creditor has charged them off, and some of them sue to collect.

If you are not sure the papers are real, check the case with the court clerk using a phone number or website you look up yourself, not one printed on the papers. See how to tell if you've really been sued.

How Service Happens

"Service" is how the law makes sure you get official notice of the lawsuit. In Texas, the citation and petition are normally served in one of two ways (Rules 106(a) and 501.2(b)):

• In person, by a sheriff, constable, certified process server or other authorized person, who must note the delivery date on the citation.
• By registered or certified mail, return receipt requested, sent by the court clerk or another authorized person.

Leaving the papers with a family member, taping them to your door, or sending them by email is not a standard method. It is allowed only if the court signs an order for alternative service after the plaintiff shows, in a sworn statement, that the usual methods were tried and failed (Rules 106(b) and 501.2(e)).

The date you were served matters because your deadline to respond is counted from that day. Write it down as soon as you can. If the papers were left with someone else or you are not sure how they got to you, write down what happened and when, and keep the envelope. See what if the papers were left with a family member.

How to Find Your Deadline

Look at the top of your citation to see which court your case is in. Your deadline depends on the court:

• Justice court (Justice of the Peace): These courts hear cases up to $20,000, not counting interest (Texas Government Code § 27.031). Debt lawsuits there are called "debt claim cases." Your written Answer is due by the end of the 14th day after the day you were served. If that day is a Saturday, Sunday or legal holiday, or the court closes before 5:00 p.m. that day, it moves to the court's next business day (Rule 502.5(d)).
• County court or district court: Your Answer is due by 10:00 a.m. on the Monday after 20 days have passed since you were served (Rule 99(b)).

Our answer deadline calculator can help you count. If you miss the deadline, the plaintiff can ask the court for a default judgment, a judgment against you without a trial. A debt defense lawyer can make sure your Answer is filed on time. Our guide on how to answer a debt lawsuit in Texas explains what goes in it.

Your First 7 Days: A Checklist

Deadlines are short, so use the first week well. Here is a simple plan:

• Day 1: Write down the date you were served. Keep the papers together in a safe place, along with any envelope they came in.
• Days 1–2: Identify the court and your deadline. Check whether it is a justice, county or district court, and mark your Answer deadline on a calendar.
• Days 2–3: Read the petition closely. Note who is suing you, the amount claimed and the account they say it is for. Do you recognize the account? When did you last make a payment?
• Days 2–4: Gather your records. Find old statements, letters from collectors, payment receipts and anything showing what you paid or disputed.
• Days 3–5: Talk to a lawyer. A debt defense lawyer can confirm your deadline, look for defenses and explain your options.
• Before your deadline: Make sure your Answer is filed. Your written Answer must be filed with the court that has your case, and a copy must be served on the plaintiff's attorney.

Mistakes to Avoid

Ignoring the Lawsuit

This is the most common and most costly mistake. A lawsuit does not go away if you ignore it. If you do nothing, the plaintiff can get a default judgment. After a judgment, a creditor can try to garnish a bank account, and a recorded abstract of the judgment can become a lien on real property you own that is not your homestead (Texas Property Code § 52.001). Current wages generally cannot be garnished for consumer debt (Texas Constitution, article XVI, § 28). Answering on time keeps your defenses alive.

Assuming a Call to the Collector Changes Your Deadline

Your Answer deadline is set by the court rules and runs from the day you were served. Calling the collector or the plaintiff's lawyer does not stop or extend it. Neither does a promise to "hold the file," a payment-plan discussion, or a letter disputing the debt.

The deadline changes only if the court extends it, or if the parties make an agreement that is in writing, signed and filed with the court (Rule 11). A justice court judge may extend deadlines for good cause (Rule 500.4(c)). Even if an extension is offered, get it in writing and filed before the deadline, or simply file your Answer on time. See does calling the collector stop the deadline.

Admitting Things on the Phone

It can be tempting to call the collector or the plaintiff's lawyer to "explain" or work something out. Be careful. What you say can be used to help prove their case, and agreeing that you owe a certain amount can weaken defenses you did not know you had. Once you have a lawyer and the collector knows it, the federal Fair Debt Collection Practices Act generally requires the collector to communicate with your lawyer instead of you (15 U.S.C. § 1692c(a)(2)).

Paying an Old Debt Without Advice

A suit on a debt generally must be brought within four years after the claim accrues (Texas Civil Practice and Remedies Code § 16.004). A debt buyer may not sue on a consumer debt after that period expires, and for a debt buyer, a payment or a written or spoken reaffirmation does not revive the right to sue (Texas Finance Code § 392.307). Federal Regulation F also bars debt collectors from suing or threatening to sue on time-barred debt (12 C.F.R. § 1006.26(b)).

Those protections do not cover every plaintiff. If the original creditor is suing, a signed written acknowledgment of the debt can affect the limitations defense (Civil Practice and Remedies Code § 16.065), so be careful what you sign. And even if a debt is too old to be sued on, paying it may cost you money you didn't need to spend. Before you pay anything, find out whether the debt is too old. Our statute of limitations guide explains more, and our guide to defenses to a debt collection lawsuit covers other common defenses.

What If You Were Never Served Properly?

Sometimes people find out about a lawsuit in other ways. Maybe papers were left with someone else, sent to an old address, or you only learned about the case after a judgment was entered. Whether service was done correctly can matter a great deal. Before a default judgment, the proof of service must be on file for a set time: 10 days in county and district court (Rule 107(h)) and 3 days in justice court (Rule 501.3(h)). In justice court, the judge must also make sure service was proper (Rule 503.1(a)).

Do not ignore the case because you think service was wrong. If a judgment has already been entered, the time limits to challenge it are short:

• Justice court: a motion to set aside a default judgment or a motion for new trial within 14 days after the judgment is signed (Rule 505.3), or an appeal to county court within 21 days (Rule 506.1).
• County and district court: a motion for new trial within 30 days after the judgment is signed (Rule 329b(a)). If you did not take part in the case, a restricted appeal may be possible within six months (Texas Rules of Appellate Procedure 26.1(c) and 30).

Read our guide on how to reopen a default judgment in Texas, and talk to a lawyer right away.

How Texas Debt Law Can Help

Attorney Shawn Jaffer has handled thousands of debt collection lawsuits in Texas, and Texas Debt Law has had hundreds of debt lawsuits dismissed. We review your papers, confirm your deadline, file your Answer, and defend the case or negotiate a settlement when that makes sense for you. We charge flat fees from $400, offer payment plans and serve clients statewide. Se habla español.

Talk to a Lawyer Today

If you have been served with a debt lawsuit, the clock is already running. Call or text (214) 945-0000, or request a free case evaluation. We will look at your case and help you decide your next step.

This article is general information, not legal advice. Every case is different, and reading this article does not create an attorney-client relationship. If you have been sued, talk to a lawyer about your specific situation as soon as possible.

Sources

• Texas Rules of Civil Procedure (Rules 11, 99, 106, 107, 329b, 500.4, 501–506 and 508), Supreme Court of Texas
• Texas Rules of Appellate Procedure (Rules 26.1 and 30, restricted appeals), Supreme Court of Texas
• Texas Civil Practice and Remedies Code, chapter 16 (§§ 16.004 and 16.065)
• Texas Finance Code, chapter 392 (debt buyers and time-barred debt, § 392.307)
• Texas Constitution, article XVI (wage protection, § 28)
• Texas Property Code, chapter 52 (judgment liens, § 52.001)
• 15 U.S.C. § 1692c (FDCPA communication rules), Cornell Law School
• 12 C.F.R. § 1006.26 (Regulation F, time-barred debts), eCFR

General information, not legal advice for your case.