The authority
The citation shall direct the defendant 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 thereof.Tex. R. Civ. P. 99(b)
Tex. R. Civ. P. 99(b), 239; Tex. R. Civ. P. 502.5
When it applies
A business that has just been served with a Texas petition, a citation left with a registered agent, or an owner served personally over a company's debt. It matters most for what has to be in the first filing: some objections are lost if anything else is filed first.
How it is proved up
- Count the days from the date of service on the return, not from the date someone opened the envelope. Twenty days, then the next Monday, by 10:00 a.m.
- Decide what goes in before the answer. A special appearance contesting personal jurisdiction has to be filed before any other plea, and a motion to transfer venue before or with the answer.
- Put the pleas that must be sworn into the answer itself. A defect of parties, a denied capacity and a denied account are waived by a general denial alone.
- File something on time even if the case is not yet understood. A general denial preserves the right to notice of trial and is amended later.
- If the deadline has already passed and no judgment has been signed, file the answer at once. An answer on file before a default judgment is signed prevents the default.
What defeats it
- Waiting for the plaintiff's lawyer to agree to more time without putting the agreement in writing.
- Assuming an insurer or a registered agent has filed the answer.
- Filing an answer before a special appearance, which waives the jurisdictional objection.
Where I have used it
Answers, special appearances, venue motions and verified pleas filed as the first appearance for businesses and owners sued in Texas state court.
Questions
What happens if I miss the answer deadline in Texas?
The plaintiff may ask for a default judgment. Until a default judgment is signed, an answer can still be filed and it prevents the default. After a default is signed, the remedy is a motion for new trial within 30 days, and after that a restricted appeal or a bill of review.
Is the Texas answer deadline different in justice court?
Yes. In justice court the answer is due by the end of the 14th day after the day you were served, under Rule 502.5. If that day falls on a weekend or holiday, it moves to the next business day.
Can I just send the plaintiff's lawyer a letter instead of filing an answer?
No. The answer has to be filed with the court. A letter to the other side does not prevent a default judgment.
Does a Texas company have to answer through a lawyer?
Generally yes. A corporation or LLC appears in district and county court through a licensed attorney, so the business needs counsel in time to file by the deadline.