Texas Answer Deadline Calculator

This Texas Answer Deadline Calculator applies only to lawsuits in county and district courts in the State of Texas.  

How long do I have to answer a civil lawsuit in Texas?

In cases in district or county court, a defendant must file a written answer by 10:00 a.m. on the first Monday after the expiration of 20 days following the service of citation on the defendant. Tex. R. Civ. P. 99(b).

To determine the deadline, enter or use the calendar icon to select the day the defendant was served and click “Calcuate Answer Deadline.” You must file your answer on or before this date by 10:00 a.m. at the latest.

Note: This calculator applies only to Texas District and County Courts. It calculates deadlines for filing an answer under Texas Rule of Civil Procedure 99(b), which requires that a defendant’s answer be filed by 10:00 a.m. on the first Monday after the expiration of 20 days of service of citation.

Information provided by this deadline calculator is offered “as is” and for informational purposes only. This website does not provide legal advice. Exercise your own due diligence and verify your deadlines using your own calendar or software tools. By using this site you agree to do your own independent date calculation for your case and hold courtdeadlines.com/ harmless for any issues arising from a missed deadline.

As noted above, Rule 99(b) establishes the time to file an answer:

“The citation shall include a notice that the defendant is required to file a written answer to the plaintiff’s petition on or before 10:00 a.m. on the Monday next after the expiration of twenty days after the date of service.”

In practical terms, that means you count twenty days forward from the date of service, then move to the next Monday. The answer must be filed by 10:00 a.m. on that Monday.

Texas Rule of Civil Procedure 99(b) says the citation accompanying a plaintiff’s Petition shall direct the defendant to answer on or before 10:00 a.m. on the first Monday after the expiration of 20 days after the date of service.

If a defendant is served by publication and citation was issued from a district or county court, a defendant’s answer is due by 10:00 a.m. on the first Monday after the expiration of 42 days after the issuance of citation. Tex. R. Civ. P. 114.

Counting the Twenty Days Correctly

Here’s how to count time under the rule:

1. Exclude the date of service.
2. Count twenty calendar days, including weekends and holidays.
3. Move to the next Monday after the twentieth day.
4. The answer is due by 10:00 a.m. on that Monday.

If the Monday falls on a legal holiday when the clerk’s office is closed, the answer is timely if filed on the next day the clerk’s office is open.

When the answer date falls on a state holiday and the state courts are closed, the answer is due the following business day.

Always verify the current Texas rules, as well as possible rules advisories, when using this answer date table.

Rule 99(b) in Context

Once the answer deadline passes, the plaintiff may seek a default judgment if no answer has been filed. Rule 239 allows a default if “no answer has been filed within the time provided by law.”

However, if the defendant files an answer before the default judgment is signed, the default is avoided. The defendant’s appearance through any written response, even if defective in form, is usually enough to prevent a default.

The test for whether a default judgment can later be set aside requires showing the failure to answer was not intentional or due to conscious indifference, that a meritorious defense exists, and that setting aside the default will not cause delay or injury to the plaintiff.

Common Miscalculations

Even experienced lawyers occasionally miscount. The most frequent mistakes include:

• Forgetting to roll forward when the twentieth day is itself a Monday.
• Using business days instead of calendar days.
• Starting the count on the service date rather than the following day.
• Confusing service of citation (which starts the Rule 99 clock) with later service under Rule 21a, which governs filings within a pending case.

Verified Denials and Affirmative Defenses

Filing an answer is also the point at which a defendant must raise specific defenses and denials that cannot be raised later.

Under Rule 93, certain matters must be denied under oath, including capacity, partnership, agency, corporate existence, and the execution of instruments.

Under Rule 94, affirmative defenses such as limitations, estoppel, payment, release, and waiver must be expressly pleaded.

Although a general denial suffices for most cases, lawyers often file a combined answer that includes both a general denial and standard affirmative defenses to preserve their rights.

Special Scenarios

Justice Court (Small Claims) Cases

Justice court cases follow different rules. Under Rule 502.5(d) of the Texas Rules of Civil Procedure, a defendant must file an answer by the end of the 14th day after being served, not under the Monday rule.

This calculator applies only to county and district courts, not to justice court deadlines.

Counterclaims

If a counterclaim is filed against a party who has already appeared, Rule 92 provides that a general denial is presumed. No separate answer to the counterclaim is required unless the party must file a verified denial or wishes to assert affirmative defenses.

Federal Cases

In federal court, Rule 12(a)(1)(A)(i) of the Federal Rules of Civil Procedure requires an answer within 21 days after service. There is no Monday rule or 10:00 a.m. deadline.

Texas practitioners who also handle federal matters should double-check the governing rule before applying a state calculation.

What Happens if You Miss the Answer Deadline

If the defendant fails to file an answer by the deadline, the plaintiff may seek a default judgment. The process generally follows these steps:

1. Plaintiff proves service and the absence of an answer.
2. The court may enter judgment for liquidated damages without a hearing.
3. For unliquidated claims, the court requires proof of damages.

Once a default judgment is signed, the defendant must move quickly to set it aside or appeal.

The safest practice is to file a general denial well before the deadline and avoid relying on last-minute filings.

Service Methods and Deadlines

Rule 99(b) deadlines run from the date of citation service, not later filings or correspondence. However, service methods still matter because they determine when service is considered complete.

Under Rule 21a, service by mail is complete when the document is deposited in the mail, not when received. That rule applies to filings within the case, but not to the original citation. The 20-day count under Rule 99(b) always begins with actual service of citation, whether personal, certified mail, or substituted service.

How to Avoid Default Judgments

The simplest way to prevent default is to:

• Calendar deadlines immediately upon receipt of citation.
• File an answer early, even if jurisdictional challenges are anticipated.
• File a verified denial and affirmative defenses if applicable.
• Confirm that your filing was accepted by the clerk.

Early filing also signals professionalism and prevents clerical errors from becoming costly mistakes.

Comparison Chart: Texas vs. Federal Answer Rules