Filing an Answer

The Defendant's Answer

The answer is the defendant's written response to the lawsuit filed against them. For most defendants, the answer is due by the end of the 14th day after the day the defendant was served with the citation and the petition.

For defendants that were served by publication, the answer is due by the end of the 42nd day after the day the citation was issued.

Court Rules

Rule 502.5 of the Texas Rules of Civil Procedure
Court rule governing the defendant's answer in justice court.

Understanding the Law

Civil Deskbook
Created by the Texas Justice Court Training Center, this deskbook covers procedure in civil cases in justice court. Chapter 4, Part I discusses the defendant's answer.

Forms

See the "Civil Procedure - Filing Through Trial" section on the Forms page of the Texas Justice Court Training Center's website for sample answers to small claims and debt claim cases.

E-Books Available from the Texas State Law Library

These e-books contain information on small claims cases and justice courts. These e-books can be viewed by those who have signed up for a free library account with the State Law Library. Only Texas residents are eligible to create an account. Creating an account is free.

Texas litigation guide
Volume 3, Chapter 46 from this resource discuss justice court proceedings. This e-book can only be borrowed by government employees, but librarians may be able to provide a short excerpt to library patrons upon request.
Everybody's guide to small claims court
"This book from Nolo is updated to include the latest procedures for small claims courts in every state. It shows readers how to write a demand letter, file and serve papers, prepare and present a case, prepare evidence, and mediate an out-of-court settlement.
Filing and winning small claims for dummies
"Real advice you can trust and use in small claims court. When every other method to collect has failed, a small claim is the right remedy to seek. If you're looking at either prosecuting or defending in a small claims court, with or without an attorney, the information presented in Filing & Winning Small Claims For Dummies is indispensable.The nuances of small claims courts vary from state to state, but the basic approach in preparing and presenting a small claims case is extremely uniform no matter where you are." - publisher's description
Know your rights! : answers to Texans' everyday legal questions
Practical, easy-to-understand answers to questions about divorce, child support, and child custody; credit, bankruptcy, and debt collection; starting a business; leases and tenant rights; small claims court and lawyers; wills and probate; false advertising and warranties; immigration; and more.

Books at the Texas State Law Library

These print books at the State Law Library contain information related to small claims cases and justice courts. If you are not able to visit the State Law Library in Austin, these books might be available at a law library near you or a public library near you.