Texas Debt Collection Summons (2023 Guide)

It is difficult to be sued for debt. You will learn how to answer a summons for debt collection in Texas in this article which will simplify the process of responding to a debt lawsuit.

Below you will find information on how to respond to a summons for debt collection in the Lone Star State. Texas-specific information, such as state deadlines and forms, is included in this list.

This Is What Happens When You’re Served Debt Papers In Texas

Debt lawsuits begin when the plaintiff serves a summons and complaint on the defendant (the person being sued). It is the Summons that serves as the official notice of a lawsuit to the defendant. In the complaint, the specific claims, or allegations, against the defendant are outlined. To provide proper service, one of the following methods should be used:

• Delivered by a constable or sheriff
• Delivered by a court-certified adult over 18 years old
• The clerk of court or the plaintiff’s attorney can send it by certified mail with a return receipt requested.
• A person authorized by law to deliver the package by hand

If you are served with a debt collection summons, the clock will start ticking on the deadline for you to respond before you lose the case by default.

The Deadline To Answer A Debt Collection Summons In Texas

In Texas, you generally have 14-20 days to respond to a lawsuit, depending on what type of court your case is in. If you do not respond within the deadline, the plaintiff may file a default judgment against you. The plaintiff can garnish your wages, seize your property, and place liens on your home or car if the court approves the judgment. The Summons and Complaint must be responded to as soon as possible to avoid a default judgment.

Deadline to respond in justice court: Responses in justice court must be filed within 14 days of the date of service. The Answer is due on the very next day the court is open if the 14th day falls on a weekend or holiday.

The district court deadline: In the district court, the deadline to respond is a little more complicated. As soon as 20 days have passed since you were served, you should file your Answer by 10 am on Monday.

For example, on April 1, 2022, Freddy is served with a debt collection summons and complaint for his credit card debt. The deadline for Freddy to respond to his case in the justice court is April 15, 2022. For district court cases, Freddy has until 10 a.m. on Monday, April 25th, to respond.

You Need To Use These Forms To Answer A Summons

In Texas, there is no statewide Answer form, but there are several options available online to assist you in drafting an Answer. Check with the court in which your case is filed to see if they have a specific form. The following are some excellent options for drafting an answer:

• The CV-Ans-102 Civil Answer is a four-page paper form.
• Form Texas Appleseed – Another form that includes affirmative defenses.

Responding To A Debt Collection Case In Texas

To respond to the Summons and Complaint, there are three steps to follow:

1. Respond to every listed issue in the complaint
2. Defend yourself affirmatively
3. File the answer

Let’s take a closer look at each step.

1. Respond To Every Listed Issue In The Complaint

It can be scary to answer a complaint, but with these instructions, it will be easy. Decide how you want to respond to each numbered paragraph after reading the complaint. There are three ways to respond:

• Admit: As in, This is true.
• Deny: To deny is to say, “Prove it.”
• Deny due to lack of knowledge: It’s like saying, “I don’t know.”

Attorneys generally recommend denying all of the claims in the complaint. If a claim is denied, the plaintiff must demonstrate that it is true. It takes more time, effort, and resources on their part to do this. The majority of debt collection agencies would rather dismiss the case than prove their allegations.

Please find below some instructions on how to file a complaint in Texas. If you disagree with everything in the complaint, you can make a general denial on the Texas Answer Form; you can also make specific pleas, or requests, assert affirmative defenses, and request judgment.

2. Defend Yourself Affirmatively

An affirmative defense consists of stating reasons why the plaintiff does not have a case against you. Be sure to include the relevant defenses in your response.

The following are some of the more common defenses we see:

• It’s not your account that has the debt
• There was already a cancellation of the contract. As a result, you owe nothing to the creditor.
• There has been an expiration of the statute of limitations. There is a statute of limitations that sets a deadline for bringing an action. It is only within this deadline that creditors and debt collection agencies may sue you for a debt. 
• There has been a payment or an excuse for the debt.
• Part of the debt has been repaid.
• Co-signers were not informed of their rights as co-signers.

These are just a few of the many affirmative defenses available. If you don’t mention these defenses in your initial response, you won’t be able to bring them up in court once the case moves forward. In most cases, being unable to pay the debt is not a legal defense.

3. File The Answer

As soon as you have made your Answer, you must file it in the case. Sometimes it is harder to file the Answer than to draft it. It is a bit easier for defendants in Texas since they can file by mail or e-mail.

The following steps should be followed if you choose to mail your Answer document:

• Make two copies of your answer
• The original copy should be mailed to the court via certified mail
• The other copy should be mailed to the plaintiff’s attorney via certified mail

The Summons document should include the court and plaintiff’s attorney’s addresses. In the first two paragraphs, the court’s address is usually listed. The attorney’s address should be at the top left of the first page.

You May Still Be Liable For A Debt If It’s Sold To A Debt Collection Agency

The practice of creditors selling debts to debt collection agencies is quite common. It is not uncommon for these agencies to purchase debts in bulk from credit card companies or banks for pennies on the dollar. If you pay off your debt to them, they will make a great deal of profit since they purchased your debt for much less than you owe. It is advisable to conduct some research before making any payments to a collection agency.

Example

In 2017, Sally applied for an American Express credit card and was accepted! After Sally was unexpectedly laid off from her job, she wasn’t able to make payments on her credit card. She owed American Express $954.13 after missing payments for a few months.

Five years later, Sally is contacted by LVNV Funding LLC regarding the debt. This is the first time she has heard of this company, but she learns that it is one of the largest debt-collection companies in the country. They purchased her old American Express debt for less than $200. She is contacted repeatedly by LVNV Funding LLC, but she is unsure if this is a scam. Sally ignores LVNV funding non-stop calls for several weeks before receiving a debt collection summons and complaint.

If Sally paid the full amount LVNV Funding claims she owes, LVNV Funding would make a huge profit. Due to the low price at which many collection agencies purchase debts, they are usually willing to settle the debt for less than the original amount. Sally would be wise to file an Answer to the lawsuit and reach out to LVNV Funding to negotiate a settlement. It is even possible that she will be able to settle for less than 50% of the original amount (and LVNV Funding will still make a profit).

Before negotiating a settlement, Sally should ensure that the debt is valid (i.e. within the statute of limitations, in the correct amount, that proper ownership has been granted to LVNV Funding, etc.).

It’s Possible That The Debt Is Past The Statute Of Limitations In Texas

Creditors and debt collectors can initiate a lawsuit to collect debts within the statute of limitations. In Texas, the statute of limitations for debt is only four years. Therefore, if there has been no activity (payment, acknowledgment of debt, acceptance of a repayment plan, agreement to a settlement amount, etc.) on an account for four years or more, the person who owes the debt cannot be sued.

Example Continued

As for Sally’s story: Since Sally has not made any payments or changes to her account for five years, LVNV Funding LCC is legally prohibited from suing her. If Sally includes this information in her Answer to the Debt Collection Summons and Complaint, her case will be dismissed.

Sally could have avoided the lawsuit entirely if she had sent LVNV FUnding LLC a Debt Validation Letter before the matter went to court. In most cases, collection agencies give up after receiving a Debt Validation Letter, as it takes time and money to validate a debt, which they would prefer to spend on targeting someone else who is in default.

If I Haven’t Been Sued Yet, What Should I Do?

The best way to respond to a collection notice, but not a lawsuit, is to send a Debt Validation Letter. If a debt collector contacts you in any way, whether by phone or mail, you may respond with a Debt Validation Letter. In this letter, you notify the collector that you dispute the debt and request that they provide proof that you are responsible for the debt. Until they provide proof of the debt, they cannot contact you or continue collecting. In this flowchart, you will see how you can use a Debt Validation Letter to your advantage.

After Receiving The Summons, You Can Still Settle

Creditors or debt collectors can settle your debt at any point in the lawsuit. It’s best to file your Answer with the court and serve the plaintiff’s attorney first, then reach out to negotiate.

It is not uncommon for collectors to be quite tricky. If you have negotiated a settlement with them after they file a lawsuit against you, they may file a default judgment against you if you fail to file your answer. The best time to negotiate a settlement is after you have filed your Answer. Your debt can be settled for less than you owe by sending them a Debt Lawsuit Settlement Letter.

Beating A Debt Collector In Small Claims Court (Dallas)

The lawsuit process in Texas’ small claims court is the same: the plaintiff will serve you with the Summons and Petition for Debt, and you must respond before the deadline to avoid a default judgment. Therefore, the first step in defeating a debt collector in court is to file your Answer. In addition, you may be able to work out a settlement plan with the plaintiff’s attorney after you have responded to the lawsuit. If you wish to increase your chances of winning in court, you should review the steps listed above.