Sued for a Debt in Texas? Don't Miss the 14-Day Deadline.

If you've been served with a debt-collection lawsuit in Texas, you generally have until the end of the day 14 days after you were served to file a written answer with the court. Miss it and the collector can take a default judgment against you — then garnish wages, freeze a bank account, or put a lien on property. Filing an answer stops that and preserves your defenses. Attorney Omar Colón defends debt claims in the Justice of the Peace and County Courts of Collin, Denton, Dallas, Tarrant, Smith, and Harris counties. The first consultation is free, in English or Spanish.

Call or text (469) 389-8877 — before your deadline.

What "you've been served" means

You were served if a constable, sheriff, or private process server handed you the papers, left them with someone at your home, or (in some cases) mailed them certified. The packet is usually a Citation plus a Petition (sometimes called a "Statement of Claim" or "Original Petition"). The Citation tells you the court, the deadline, and how to respond. The Petition is the collector's story of what you owe and why.

The clock starts the day you were served. In Justice Court, your answer is due by the end of the 14th day after service; if that day is a Saturday, Sunday, or legal holiday, it rolls to the next business day. In County or District Court (larger cases), the deadline is the Monday after 20 days have passed. Read your Citation — it states your specific deadline.

Who is actually suing you

Most consumer debt suits in Texas are brought by one of three types of plaintiff:

• The original creditor — the bank or lender you borrowed from (e.g., a credit card issuer).
• A debt buyer — a company like Midland Funding, Portfolio Recovery Associates, LVNV Funding, or Cavalry SPV that bought your defaulted account for pennies on the dollar.
• A collection law firm filing on behalf of either.

Debt-buyer cases in particular often have proof problems, because the paperwork trail from the original creditor to the current plaintiff can be incomplete.

Common defenses to a Texas debt lawsuit

Every case is different, but these come up often:

• Lack of standing / failure to prove the debt. The plaintiff has to prove it actually owns your account and that the amount is correct — with admissible records, not just a printout. Debt buyers frequently can't produce a clean chain of assignment or the original signed agreement.
• Statute of limitations. In Texas, the deadline to sue on most consumer debt is four years from the date of default or last payment (Tex. Civ. Prac. & Rem. Code §16.004). A suit filed after that is barred — but only if you raise it in your answer. Making a payment or acknowledging the debt can restart the clock, so get advice before you talk to a collector.
• Wrong amount. Fees, interest, and post-charge-off additions are often overstated or not authorized by the contract.
• Identity / mistaken account. It isn't your debt, or it's the result of fraud or a mix-up.
• Improper service. If you were never properly served, a default judgment can be set aside.
• Fair Debt Collection Practices Act violations. If the collector lied, threatened, or sued in the wrong county, you may have counterclaims.

What happens if you ignore it

The collector files a Motion for Default Judgment, and the court enters judgment for the full amount plus court costs and (often) attorney's fees and post-judgment interest. With a judgment, the collector can:

• Garnish your wages — though Texas protects most wages from garnishment for consumer debt, a judgment can still reach a bank account after the money is deposited.
• Levy your bank account — freeze and take non-exempt funds.
• Abstract the judgment — record a lien that clouds the title to non-homestead real estate and lasts up to 10 years, renewable.

A default judgment is much harder and more expensive to undo than it is to file an answer in the first place.

Lawsuit defense or bankruptcy — which is the better tool?

It depends on the whole picture:

• One lawsuit, a debt with real defenses, otherwise manageable finances → defend the lawsuit, and negotiate from a position of strength.
• Multiple debts, several lawsuits or garnishment already happening, or a judgment already entered → a Chapter 7 or Chapter 13 filing triggers the automatic stay (11 U.S.C. §362), which stops every lawsuit and collection action at once and can discharge the underlying debt. Filing before a judgment is entered is usually cleaner.

Omar Colón handles both, so the consultation is about picking the right one — not selling you a particular service.

What to bring to your free consultation

• The full lawsuit packet (Citation and Petition), and the envelope if you kept it
• Any letters from the collector or the law firm
• Your best recollection of when you last paid on the account
• A rough list of your other debts and your monthly income

Serving the DFW area, East Texas, and Houston

OCR Legal defends debt-collection lawsuits filed in:

• Collin County — Justice Courts in McKinney, Frisco, Plano, Allen; Collin County Courts at Law
• Denton County — Justice Courts and County Courts at Law
• Dallas County, Tarrant County (Fort Worth), Smith County (Tyler), and Harris County (Houston)

Free consultation. Call or text (469) 389-8877. Hablamos español.

Frequently asked questions

How long do I have to respond to a debt lawsuit in Texas? In Justice Court, until the end of the 14th day after you were served (rolling to the next business day if it falls on a weekend or holiday). In County or District Court, the Monday after 20 days. Your Citation states the exact deadline.

What happens if I don't answer a debt collection lawsuit? The collector can take a default judgment for the full amount plus costs and fees, then pursue a bank levy or a judgment lien. A default judgment is far harder to undo than filing an answer.

Can a debt collector sue me for an old debt in Texas? Only within four years of your default or last payment (Tex. Civ. Prac. & Rem. Code §16.004). After that the debt is time-barred — but you must raise the statute of limitations in your written answer or you lose it.

Can my wages be garnished for a debt in Texas? Texas shields most wages from garnishment for ordinary consumer debt, but a judgment creditor can still freeze funds once they're in your bank account, and can lien non-homestead real estate. Child support, taxes, and student loans are treated differently.

Should I call the debt collector to work something out? Not before you get advice. Admitting the debt or making a small payment can restart the four-year limitations clock and give up a defense. Have an attorney handle the contact.

Do you offer a free consultation for debt lawsuits? Yes — the first consultation is free, in English or Spanish, by phone, video, or in person in Frisco.