How to Answer a Summons for Debt Collection in Texas (2021 Guide)
September 08, 2021
Summary: Live in Texas and need help responding to a debt collection lawsuit? Use SoloSuit to fight back. We'll have an attorney review your document and file it for you.
“Nothing brings more joy to my heart than a fresh lawsuit delivered to my door nice and early in the morning.” — said no one ever.
Getting sued for a debt is hard. This article will make the process of responding to a debt lawsuit a little bit easier and tell you how to answer a summons for debt collection in Texas.
Below, you'll find helpful topics on how to answer a summons for debt collection in the Lone Star State. This list includes information specific to filing in Texas, like state deadlines and forms.
Texas Deadline for Answering a Debt Collection Summons
Generally, you have 20 days plus until the following Monday, at 10 am to file an Answer. Count all the calendar days including weekends and holidays. This one is complicated.
Texas Answer to Summons Forms
Defendant's Answer (SoloSuit)- Use our Answer form to respond to a debt collection lawsuit. It works all across Texas. We help people win everyday. We'll have an attorney review it and file it for you.
Other Forms - Here are other useful forms for a debt collection case in Texas.
Steps to Respond to a Debt Collection Case in Texas
When you're sued, you'll receive two documents in the mail, or someone will physically hand them to you. These documents are called a Summons and Complaint. In Texas, you have 20 days plus until the following Monday, at 10 am to file an Answer. Count all the calendar days including weekends and holidays. You can respond with either an Answer document or a Motion; usually, you'll want to respond with an Answer document.
There are three steps to respond to the complaint.
Answer each issue of the complaint
Assert affirmative defenses
File one copy of the Answer document with the court and serve the plaintiff with another copy.
Answering the complaint can be scary, but with these instructions it will be simple. Just read the complaint and then decide how you want to respond to each numbered paragraph. You can respond in one of three ways:
Just choose one of these answers and write it into your Answer. If you choose “disagree” you can explain why you disagree.
Here are some official instructions to make your complaint in Texas. On the Texas Answer Form, you can make a general denial if you disagree with everything in the complaint; you can also make specific pleas, or request, assert affirmative defenses, and make a Request for Judgment.
2. Assert affirmative defenses.
To assert affirmative defenses, you simply state reasons why the person suing you has no case. Add the relevant defenses to your answer.
Here are some of the more common defenses we see:
The account with the debt is not your account
The contract was already canceled. Therefore you don't owe the creditor anything.
The statute of limitations has expired. A statute of limitations is a law that sets a deadline on an action. In this case, the statute of limitations sets the deadline at 6 years, so you can't be sued for a debt based on a contract from six years ago.
The debt has been paid or excused.
The debt has been partially paid.
You were a co-signer but were not informed of your rights as a co-signer.
The address for both should be in the Summons and Complaint you received in the mail. The attorney's address should be on the top left of the first page. The court's address should be in the first two paragraphs.
It's free to file in Texas.
What is SoloSuit?
SoloSuit makes it easy to respond to a debt collection lawsuit in Texas.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
Respond with SoloSuit
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
If you've only received a collections notice, but not a lawsuit, the best way to respond is with a Debt Validation Letter. When a debt collector contacts you in any way, whether it's by phone or mail, you can respond with a Debt Validaiton Letter. This letter notifies the collector that you dispute the debt and requires they provide proof you owe the debt. They can't call you or continue collecting until they provide validation of the debt. This flowchart shows how you can use a Debt Validation Letter to win.
It only takes 15 minutes. And 50% of our customers' cases have been dismissed in the past.
"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" – Heather