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I was served with a lawsuit. What should I do?

This page has information about your options if you have been served with a lawsuit (a Petition and citation).  If you want the information on this page in writing, click the Download button.

1) Talk to a lawyer. You must protect some rights in special ways or you can lose them, and you may need to do this before you sign or file any papers.  A lawyer can give you advice about your options.

2) If you are representing yourself as a respondent or defendant, you have choices.

  • Waiver of Citation. One thing you can do is to file a Waiver of Citation with the clerk’s office, but if you want to make sure you keep the right to get notice about each court hearing and take part in the case, file an Answer to the lawsuit with the clerk's office. 
  • File an Answer. An Answer is sometimes called an “Original Answer” or a “General Denial.” There is no fee to file an Answer. Send a copy of the Answer you file to the person who signed the lawsuit against you and keep a copy for yourself.

 

    • You have a limited time to file your Answer. Counting from the day you were served, you have 20 days plus until the following Monday, at 10 a.m. to file your Answer. Count all the calendar days including weekends and holidays. If you do not file it by the deadline, the petitioner may try to get a default judgment against you.

 

    • What happens if you do not file an Answer? If you, the Respondent, receive legal notice but do not file any kind of response or Answer and do not ever come to a hearing in the case, then the Petitioner may try to get a “default judgment.” A default judgment means the person who filed the case generally wins without any contest from the opposing party. For more information about default judgments, see the Default Judgment Information on TexasLawHelp.org. 

 

    • What is in the Answer? An Answer usually has a general denial, which is a statement asking the court to make the Petitioner prove each and every part of his or her case. The Answer may also have specific defenses to some claims.

 

 

  • File a Counter-Petition if you want to make your own claims against the Petitioner. The Answer by itself does not make claims against the Petitioner. If you want to make your own claims against the Petitioner or Plaintiff and have the court award you something, you must file a “Counter-Petition.”

 

    • While there is no fee to file an Answer, there will be a filing fee if you file a Counter-Petition unless you file an Affidavit of Indigency and the judge says you do not have to pay.

 

    • If you want to file a Counter-Petition, ask a lawyer to help you.

 

  • Serve on all other parties. Whether you file an Answer, a Counter-Petition or any other paper in your case, you must give a copy of each paper to each party in the case. This is called “service.”

 

    • How to serve papers. To serve papers such as an Answer after the case is filed, send them by certified mail, fax, or hand delivery.

 

    • Get a receipt if you hand deliver. If you hand deliver the papers, get a receipt so you can prove later on that the person got them.

 

    • How to serve a party. If a party is represented by a lawyer, serve the lawyer. If the party does not have a lawyer, serve the party.