How to File an Answer in a Texas Civil Case (and What Happens If You Miss the Deadline)

Filing an answer is the first and most important step in defending yourself in a Texas civil case.
If you don’t file it on time, the plaintiff can ask the court for a default judgment — meaning the court could decide the case against you without hearing your side.

This guide explains when your answer is due, how to count the days, what your answer must include, and what to do next once it’s filed.

⚖️ 1. When Is Your Answer Due? Texas Answer Deadline Rule:

In Texas, the deadline to file an answer depends on when you were served and what kind of court your case is in.

District and County Courts

Under Texas Rule of Civil Procedure 99(b):

Your answer is due at 10:00 a.m. on the Monday next following the expiration of 20 days after service of the citation.

That means:

• Exclude the day you were served.
• Count forward 20 calendar days.
• Then find the Monday immediately following that date.
• Your answer is due at 10 a.m. on that Monday.
• If that Monday is a holiday, file on Tuesday.

Justice Courts (JP)

If your case is in a Justice Court (small claims), Rule 502.5(d) applies:

The answer is due by the end of the 14th day after service.
If the 14th day falls on a Saturday, Sunday, or legal holiday, the deadline extends to the next business day.

📅 2. How to Count Days for Your Deadline

Use this quick checklist:

1. Exclude the day you were served.
2. Count every day after that, including weekends and holidays.
3. If the final day is a weekend or legal holiday, go to the next business day.
4. For district/county cases, always go to the Monday next after Day 20.
5. File by 10:00 a.m. on that Monday (not by midnight).

📝 3. What Your Answer Should Include

An answer tells the court and the plaintiff how you respond to the lawsuit.
Texas doesn’t require a specific form, but your answer must include:

• The caption (court name, case number, parties).
• A statement like “Defendant generally denies all allegations.”
• Any affirmative defenses (e.g., statute of limitations, payment, contributory negligence).
• Your contact information (address, phone, email).
• Your signature and the date.
• A Certificate of Service — a short statement that you mailed or delivered a copy to the plaintiff or their attorney.

📬 You must serve a copy of your answer on the plaintiff or their attorney the same day you file it.

🗂️ 4. Where and How to File Your Answer

1. Identify your court — the top of your citation will say “In the District Court of [County]” or “In the Justice Court of Precinct ___.”
2. File with the clerk:
   • District or County Court: file with the District Clerk or County Clerk (listed on the citation).
   • Justice Court: file with the Justice of the Peace who signed your citation.
3. Filing methods:
   • E-file through https://efile.txcourts.gov (required for most cases).
   • Or file in person at the courthouse clerk’s office.
4. Copies: keep one for yourself and serve one on the plaintiff.

💡 Tip: If filing electronically, submit well before 10:00 a.m. — e-filing portals occasionally experience delays, and “submitted” is not the same as “accepted.”

⚠️ 5. What Happens If You Miss the Deadline?

If you don’t file an answer by the due date:

• The plaintiff can request a default judgment.
• The court may grant it without further notice, awarding damages and costs.
• Once a default is signed, your options are limited to filing a motion for new trial or bill of review, which are difficult to win.

That’s why it’s crucial to calculate and meet your answer deadline accurately.

🧭 6. After You File Your Answer

Filing your answer prevents default, but it doesn’t end your case.
Next, you may need to:

• Exchange initial disclosures (Rule 194).
• Respond to discovery requests.
• Attend hearings or mediation.
• Watch for the docket control order setting additional deadlines (discovery cutoff, expert designations, etc.).

Our Court Deadline Calculator can help you compute every key date once your case is underway.

📖 7. Common Mistakes to Avoid

🏛 8. Reference Rules & Official Sources

• Texas Rule of Civil Procedure 4 – Computation of Time
• Texas Rule of Civil Procedure 99(b) – Answer Deadline
• Texas Rule of Civil Procedure 502.5(d) – Justice Court Answer
• Texas Government Code § 662.021 et seq. – State Holidays
• Texas eFile Portal: https://efile.txcourts.gov

⚖️ Disclaimer

This information is provided for educational purposes only and does not constitute legal advice.
Court rules may change, and deadlines can vary by court and case type. Always confirm the applicable rule, local order, and holiday schedule, or consult a licensed Texas attorney for guidance on your specific case.