Wage Garnishment Limits
The Texas Constitution doesn't allow current wages to be garnished for most consumer debts. Exceptions include child support, spousal maintenance, taxes, and student loans. Bank accounts can still be at risk after a judgment.
Texas Legal Help
Sued for Debt in Texas? How to Respond on Time
Many debt lawsuits in Texas are filed as debt claim cases in justice court, where you generally have 14 days after being served to file an answer. Cases in county or district court have a different deadline. Here's how to tell which applies and how to respond.
How Long Do You Have to Answer in Texas?
| Court | Typical case | Answer deadline |
|---|---|---|
| Justice court (debt claim case) | Debt claims up to $20,000 | By the end of the 14th day after you were served (Texas Rule of Civil Procedure 502.5) |
| County or district court | Larger or more complex cases | By 10:00 a.m. on the first Monday after 20 days have passed since you were served (Rule 99) |
In justice court, if the 14th day falls on a weekend or legal holiday, the answer is due the next business day. The citation you were served with names the court your case is in.
What Is a Debt Claim Case?
A debt claim case is a justice court case to recover up to $20,000 brought by a lender, a debt buyer (assignee), a debt collector, or a collection agency. These cases follow their own rules in Texas Rule of Civil Procedure 508, including what the plaintiff has to prove to win a default judgment.
How to Answer a Texas Debt Lawsuit
Read the Citation and Petition
Note the court, the case number, the plaintiff, and the date you were served.
Write Your Answer
In justice court, your answer can be a short written statement denying the claim. Include your name, address, and phone number, the case number, and any defenses you want to raise.
File It With the Court
File in person, by mail, or electronically where available. If you can't afford the fee, file a Statement of Inability to Afford Payment of Court Costs.
Send a Copy to the Plaintiff
Send a copy of your answer to the plaintiff or its attorney and keep proof that you sent it.
Watch Your Mail and Show Up
Respond to anything the court or the plaintiff sends and attend every hearing or trial the court sets.
Texas Protections That Can Matter
Statute of Limitations
A lawsuit to collect a debt generally has to be filed within 4 years (Civil Practice and Remedies Code section 16.004).
Time-Barred Debt
A debt buyer can't sue on a consumer debt after the limitations period has run, and a payment on an old debt doesn't restart the clock (Finance Code section 392.307).
Texas Debt Collection Act
Chapter 392 of the Texas Finance Code bars threats, harassment, and misleading statements by creditors and third-party collectors.
Where to Get Official Help in Texas
- TexasLawHelp.org, with free forms and guides for responding to debt lawsuits
- The clerk of the justice court handling your case, for filing procedures (clerks can't give legal advice)
- Local legal aid organizations and bar association lawyer referral services
FAQ
Frequently Asked Questions About Debt Lawsuits in Texas
Until the end of the 14th day after you were served. If that day is a weekend or legal holiday, you have until the next business day.
Your answer is due by 10:00 a.m. on the first Monday after 20 days have passed since you were served.
Generally no. Texas protects current wages from garnishment for most consumer debts, but money in a bank account may be at risk after a judgment.
Generally 4 years for a debt, and a debt buyer can't sue once that period has run.
The plaintiff can ask for a default judgment. In a debt claim case, it has to give the court documents supporting the amount it claims.
Next step
Start Your Texas Answer
Tell us about your lawsuit, and we'll help you prepare your answer before your deadline.