Answering a Credit Card Lawsuit in a Texas Justice Court
Tips on Answering a Credit Card Lawsuit in Justice Court
Deadline to FileIf you are served a lawsuit in person or by posting to your door, the deadline to file an answer to the lawsuit is 14 days after the date you were served.
Note: if the 14th day is a Saturday, Sunday, or legal holiday, the answer is due the next day that is not a Saturday, Sunday, or legal holiday.
Important Items to Include in the Written AnswerYour answer should include the following:
A general denial of the plaintiff's claims.
Any affirmative defenses relevant to your case (i.e. fraud, identity theft, failure to mitigate, etc.).
Counterclaims, if any.
Filing and ServiceThe answer should be filed with the court and a copy should be sent to the Plaintiff's attorney or the Plaintiff directly if they do not have an attorney.
Consult with an AttorneyIt is always advisable to consult with an attorney when you have been served with a lawsuit. There are important legal requirements and deadlines that may be missed by a non-attorney attempting to represent themselves, and these mistakes can be costly and may result in a judgment being entered that was potentially avoidable.