What Happens When You Get Served for Debt in Texas?

Getting served with debt papers in Texas can feel overwhelming. But you’re not powerless. If you’ve received a Citation and Petition, it means a creditor is suing you. You now have a short window—14 or 20 days—to respond, or risk losing by default judgment.

This guide breaks down everything you need to know: from deadlines and defenses to exemptions and your next legal moves.

What It Means to Be Served Debt Papers in Texas

Being “served” means a creditor has filed a lawsuit against you and wants the court to force repayment.

You’ll receive:

• Citation: Legal notice with your response deadline and court details
  
• Petition: Details of the debt—amount owed, original creditor, account numbers, and claims

This is usually delivered by:

• Sheriff or constable
  
• Licensed process server
  
• Certified mail (in rare cases)
  

Important: Ignoring this notice will not make the problem go away. It could lead to judgment without trial—allowing creditors to seize your assets.

Your Legal Response Deadlines (By Court Type)

Court Type	Deadline to Respond	Used For
Justice Court	14 days + next Monday (10 AM)	Debts under $20,000
County/District	20 days + next Monday (10 AM)	Debts above $20,000 or complex claims

If your deadline falls on a weekend/holiday, it extends to the next court day.

Mark the deadline as soon as you’re served—this is your most urgent task.

Default Judgments: What Happens If You Ignore the Lawsuit

If you don’t respond in time:

• The creditor wins automatically (default judgment)
  
• They can freeze bank accounts
  
• Place liens on non-exempt property
  
• Damage your credit report for over a decade
  

In Texas, over 80% of debt lawsuits end in default judgments simply because defendants don’t respond.

Good news: Wage garnishment is banned for most consumer debts in Texas (except taxes, student loans, child support).

Texas Consumer Protections: What Creditors Can’t Touch

Texas has some of the strongest protections for debtors:

Exempt Assets

Category	What’s Protected
Home (Homestead)	Unlimited rural / up to 10 urban acres of primary residence
Personal Property	Up to $50,000 (single) / $100,000 (family): cars, clothes, furniture
Income	Social Security, retirement, VA, child support, alimony
Tools of Trade	Job-related tools and equipment

Tip: Keep exempt income in separate bank accounts to avoid wrongful garnishment.

How to File an Answer and What to Include

You must file an Answer with the court before the deadline.

Filing Options:

• Online via eFileTexas.gov
  
• In person at the court
  
• By certified mail (if allowed by your court)

Your Answer Should:

• Deny all allegations unless proven
  
• Assert affirmative defenses (like expired statute of limitations)
  
• Include a certificate of service (proof you mailed a copy to the plaintiff)

Use free templates from TexasLawHelp.org.

Strong Defenses You Can Use in Court

These are powerful affirmative defenses you may include:

• Statute of Limitations (SOL): Most debts expire after 4 years in Texas
  
• Identity Mistake: Wrong person or wrong amount
  
• Debt Not Yours: Fraud, identity theft
  
• Improper Service: If the papers were left with someone else
  
• Validation Failure: No contract, missing paperwork, or incorrect balance
  

Include these in your Answer to force the creditor to prove their case.

Debt Validation and Discovery Rights

Once your Answer is filed, you can:

• Demand validation of the debt (chain of ownership, signed contracts, itemized amounts)
  
• Send discovery requests for:
  
  • Original creditor documentation
    
  • Proof of assignment if sold to debt buyers
    
  • Account activity records

If the collector lacks proper documentation, your case could be dismissed.

Negotiating a Settlement After Being Served

You can negotiate anytime, but you’ll get better offers after filing your Answer.

Tips:

• Offer 30%–50% lump sum
  
• Always get terms in writing
  
• Insist the creditor dismisses the lawsuit “with prejudice” (so it can’t be refiled)
  
• Require they remove negative credit reporting if you settle

What to Do If You Lose the Case

If the court rules against you:

• File a Motion to Vacate within 14 days (default judgment)
  
• File an Appeal within 21 days (Justice Court) or 30 days (County/District)
  
• Convert cash to exempt assets (e.g., prepay mortgage) before enforcement
  
• List exemptions during post-judgment discovery

A judgment lasts 10 years in Texas and can be renewed.

How Judgments Affect Your Credit & Assets

• Public record added to your credit file
  
• Score drop up to 100+ points
  
• Bank accounts frozen without warning
  
• Liens placed on investment or rental property
  

Most judgments disappear from credit reports after 7 years, but effects can linger longer.

Zombie Debt & Texas 2019 Reforms

Texas passed consumer-friendly reforms in 2019:

• Partial payments no longer reset the SOL for debt buyers
  
• Debt buyers must disclose when a debt is time-barred
  
• They cannot sue on expired debts
  
• You can stop them by citing Texas Civil Practice §16.004
  

“Zombie debt” is debt that’s legally expired but still gets pursued. Learn your SOL rights to shut it down.

12. Legal Help: Free Resources & Attorney Options

If you feel overwhelmed, help is available:

• ✅ Free forms: TexasLawHelp.org
  
• 📞 Legal hotlines for low-income Texans
  
• 👨‍⚖️ Hire a debt defense attorney if:
  
  • The amount is large
    
  • You suspect fraud
    
  • The case crosses state lines

You can also report illegal or abusive collection tactics to the Texas Attorney General or the Federal Trade Commission.

Quick Checklist: What To Do When Served for Debt in Texas

Step	What to Do
1	Read the Citation & Petition thoroughly
2	Mark your response deadline (14 or 20 days)
3	File your Answer—deny claims and assert defenses
4	Demand debt validation in writing
5	List exempt property/income to protect your assets
6	Begin discovery or settlement negotiation
7	Prepare for hearings—or file motions to dismiss
8	Appeal or motion to vacate if judgment entered

Final Thoughts

Getting served in Texas doesn’t mean you’re doomed—it means it’s time to act fast. Filing an Answer shifts the power back in your hands. With the right legal moves, many people beat, settle, or dismiss debt lawsuits entirely.

Need help drafting your Answer or want templates for discovery and defenses? Let me know, and I’ll provide everything.