Sued for debt in Texas: the courts and deadlines

The amount claimed decides which courts can hear the case, and the ranges overlap. The citation you were served names the court and its address.

Start with the date. Count from the day you were served, not the day the case was filed. In justice court the answer is due by the end of the 14th day (Supreme Court of Texas, opens in a new tab), and a weekend or legal holiday pushes it to the next business day.

Rule 508 sets extra requirements for debt claim cases (Supreme Court of Texas, opens in a new tab). For a credit card, revolving or open account, the petition has to state the account name, a masked account number, the dates the account opened and charged off if known, the amount owed as of a stated date, and whether interest is still being added.

If the debt was sold, the petition must also give the transfer date, name each prior holder and identify the original creditor.

In a justice court debt claim case, the judge must promptly enter a default judgment (Supreme Court of Texas, opens in a new tab) once the plaintiff proves the amount owed, and the clerk mails you notice of it. The proof can be a sworn statement with account records.

The rules allow a motion to set a default aside within 14 days after the judgment is signed, for good cause. That window is short, so ask for legal help at once.

Your paycheck is protected: the Texas Constitution allows current wages to be garnished only for child support and spousal maintenance (Texas Legislature, opens in a new tab). A judgment creditor can still seek a writ to garnish a bank account (Texas Legislature, opens in a new tab) or ask the court to order nonexempt property turned over (Texas Legislature, opens in a new tab) to a sheriff or constable.

Exempt property, such as a homestead, retirement accounts and listed personal property, stays protected, but frozen money usually has to be claimed.

Yes, and the case is then tried again from the start in county court. The appeal must be filed within 21 days (Supreme Court of Texas, opens in a new tab) after the judgment is signed, by posting a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs.

A defendant's bond is twice the amount of the judgment, which is one more reason to get advice early.

No. Talking with the plaintiff's lawyer about a payment plan or a lump-sum settlement does not move the answer date or any other court deadline. Any agreement to resolve a filed case should be in writing and should say what happens to the lawsuit.

A debt settlement program, ours included, does not stop a lawsuit that has already been filed1.