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Terms of Use

Texas Response is not intended to be a substitute for advice by an experienced lawyer on how to answer a lawsuit. This is a very basic guide to assist someone unable to hire an attorney or who chooses not to hire an attorney to file an answer on their behalf. This form and nothing contained herein is legal advice. If you have access to a lawyer, you should consider talking to your lawyer before filing out this form. You may accidentally give up important legal rights if you file this form with the Court without first consulting with a lawyer. This form is not a substitute for reading and understanding all applicable Texas Rules of Civil Procedure and all other laws relevant to your case. By using Texas Response website, the user agrees to indemnify and hold harmless Texas Response and anyone involved with its website and self-help legal platform.

Not intended for federal cases even if filed in the state of Texas.

Your Email Address*

Enter Email Confirm Email

Is this lawsuit in a Texas court?*

Apologies, currently we do not offer a product for other states than Texas at this time.

Defendant's Information

Defendant Information (as shown on summons exactly)*

Shown Below:

Type*

Individual

Business/Entity

Business/Entity Name*

Primary Defendant's Full Name*

(You, or whichever defendant is answering the lawsuit) Warning: This form may only be used by one defendant to answer a lawsuit. A separate form must be completed by each defendant.

Birth Date*

Month

Day

Year

Phone

Defendant's Address*

Street Address Address Line 2 City State ZIP Code

Does this defendant currently live in Texas?*

Do you want to request a special appearance?*

Select “Yes” if the defendant:
1) does not live in Texas and
2) does not want a Texas court to have the power to make orders that would impose a personal obligation on them.
If you file an Answer (or any other pleading) before filing a Special Appearance, you will give up your right to argue that Texas can’t make such orders because you live out-of-state.
A “special appearance” is a legal term used in Texas to challenge the jurisdiction of the court over you. It means you are telling the court that it does not have the authority to make decisions about your case because you live in another state or country.

Plaintiff's Information

Plaintiff's Information (as shown on summons exactly)*

Shown Below:

Is the plaintiff represented by an attorney?*

Plaintiff's Attorney Information

Plaintiff's Name*

Phone

Address*

Street Address Address Line 2 City State ZIP Code

Plaintiff's Attorney's Name*

Law Firm Name*

Attorney/Firm Phone

Attorney/Firm Email (optional)

Law Firm Address*

Street Address Address Line 2 City State ZIP Code

Court Information

What date did you physically receive your lawsuit/citation?*

MM slash DD slash YYYY

WARNING

You have a limited time to file your answer. For most lawsuits filed in Texas District or County Courts, the defendent must file an answer before 10:00 a.m. on the Monday after 20 days from when defendant was served with the citation and pleadings. The citation is a document that tells you that you have been sued and includes the deadline to respond and a warning about default judgment. If the lawsuit is from a Texas Justice of the Peace Court, you generally have 14 days to respond, but for eviction cases, it may be 6 to 10 days depending on the county. If you do not timely file your response, a defendant should check with the clerk of the court to determine if a default judgment has been filed. It is advisable to promptly consult an attorney if a default judgment has been filed.

What type of court?*

Court Number*

Precinct Number*

Place Number (if applicable)

County Filed in*

Place holder to show the user a screenshot of the “top right” of their letter.

Cause/Case Number

Warning*

if you do not have a court/case number then you will need to hand deliver the final document to the court yourself. Please check the box below that you understand this.

I agree to deliver this by hand to the court.

General Denial

Would you like to file a General Denial?*

A defendant can use a “general denial” to respond to the plaintiff’s claims. This means that the defendant denies all of the allegations made by the plaintiff. However, a general denial may not be enough to refute all the specific claims being made in the case. The general denial simply means that the defendant disagrees with the plaintiff’s version of facts that led to the lawsuit.

When a defendant is facing a lawsuit, there are different defenses they can use depending on the facts of the case. For example, if the defendant was a minor when they signed a contract, they may argue that they did not have the legal capacity to enter into the agreement. Other possible defenses could include:

The plaintiff sued the wrong person
The debt was discharged in bankruptcy
There is no written agreement for the purchase of the house, so it cannot be enforced under the law
The signature on the agreement is not theirs
Another party is also responsible for what happened

These are just a few examples, as there are many other defenses and denials that a defendant can use in their case. It’s important to determine if any of these defenses apply to the facts of the case.

NOTE: When a defendant is facing a lawsuit, they must include any challenges to the court’s power over the case, such as a special appearance, in their initial response to the lawsuit. If they fail to do so, they may lose the right to challenge the court’s jurisdiction later on in the case. Additionally, if the defendant does not include all available defenses and denials in their initial response, the court may not consider those arguments later on and may enter a judgment against them. To avoid these consequences, it’s important for defendants to carefully review all possible defenses and denials and include them in their initial response to the lawsuit. It is highly advisable to consult a lawyer in considering defenses ande denials. This can help prevent a judgment from being entered against them that could have been avoided.

Warning! You may only save your progress, but you must select a general denial in order to generate the form needed to continue.

Verified Denials – When a defendant is responding to a lawsuit, they may need to include a verified plea or verified denial in their response if certain issues are not obvious from the plaintiff’s lawsuit. In filing a verified please or denial a defendant is swearing under oath or under penalty of perjury that their statements are true and correct. If a defendant fails to include a verified plea or verified denial when required, they may lose their case.

Would you like to select Verified Pleas and Denials? (optional)

If the defendant is unsure whether a verified plea or verified denial is necessary, it is best to consult with an attorney for guidance. If they choose to include a verified denial, they will have the opportunity to select from a list of verified denials provided on the subsequent page. They can also choose to add any other defenses they wish to make.
It’s important to note that while the list of verified denials provided may not be comprehensive, if the defendant selects “yes” to this question, they must include at least one verified plea or verified denial from those listed defenses.

Specific Denials – In a lawsuit, a defendant can deny specific factual allegations made by the plaintiff in their lawsuit by filing a “specific denial” in their response. This type of denial does not need to be sworn under oath like a verified denial. If the defendant chooses to include specific denials in their response, they will have the opportunity to select from a list of specific denials provided on the subsequent page.

Would you like to select a Specific Denial? (optional)

To put it simply, a specific denial is a way for the defendant to dispute specific facts alleged by the plaintiff in the lawsuit.

Affirmative Defenses – An affirmative defense is a defense to the plaintiff’s allegations that applies even if the facts they allege are accepted as true. A common example of an affirmative defense in Texas debtor-creditor lawsuits is a statute of limitations defense. The statue of limitations for most debts in Texas is four years. As with all defenses, if you do not include this in your answer, the court will not be able to consider it.

Would you like to select Affirmative Defenses? (optional)

An affirmative defense is a defense that a defendant can use to argue against the plaintiff’s allegations, even if the allegations are true. For example, if the plaintiff is suing for a debt that is past the statute of limitations, the defendant can use the affirmative defense of statute of limitations to argue that the debt is no longer valid. If you do not include affirmative defenses in your answer, you may not be able to use them later in court. Texas has a list of affirmative defenses that are recognized by the courts, and if you select “yes” for affirmative defenses, you will have the opportunity to choose from a list of them in the subsequent steps.

Would you like to select Other Defenses?

Would you like to select Other Defenses? other defenses are additional reasons that a defendant can use to argue why the plaintiff should not win a lawsuit. These defenses are not specifically listed as affirmative defenses or denials, but they can still be used to undermine the plaintiff’s claim(s). Examples of “other defenses” include the defense of impossibility of performance when something outside of a party’s control makes it impossible to fulfill a contract, the defense of lack of privity when a party is trying to enforce a contract to which they are not a party, and the defense of mutual mistake when both parties to a contract are mistaken about the same material fact. If you choose “yes” to this question, you will be able to select from a list of these other defenses in the subsequent steps.

Verified Pleas and Denials

Indicate case type (located on summons)*

Verified Pleas and Denials*

I make the following specific pleas under penalty of perjury:

Note: These options may not apply to your specific case. Read the full list to determine if it applies to you.
If you check any plea below, be sure to also make sure either a signed and notarized verification page is attached (not provided) or alternatively a signed and unsworn declaration page (provided) is attached.
To reference the below specific pleas and any current additions that must be made by unsworn declaration read Texas Rules of Civil Procedure Rule 132.001 or under the penalty of perjury by signing a verification page and having it notarized read Texas Rules of Civil Procedure Rule 93.

Pursuant to TEX. R. CIV. P. 52, Defendant specifically denies that it is incorporated as alleged.

Plaintiff does not have the legal capacity to sue in this action or the Defendant does not have the legal capacity to be sued in this action. TEX. R. CIV. P. 93(1).

Plaintiff is not entitled to recover in the capacity in which he sues or the Defendant is not liable in the capacity in which he is sued. TEX. R. CIV. P. 93(2).

There is another suit pending in this State between the same parties involving the same claim. TEX. R. CIV. P. 93(3).

There is a defect of parties, plaintiff or defendant. TEX. R. CIV. P. 93(4).

Defendant denies the allegation of partnership as alleged. TEX. R. CIV. P. 93(5).

Defendant denies the allegation of corporation and/or incorporation as alleged. TEX. R. CIV. P. 93(6).

Defendant denies the execution of the writing upon which the Plaintiff’s pleading is founded. TEX. R. CIV. P. 93(7).

Defendant denies the genuineness of the endorsement or assignment of a written instrument upon which suit it brought. TEX. R. CIV. P. 93(8).

The document sued upon is without consideration and/or consideration has failed in full or in part. TEX. R. CIV. P. 93(9).

Defendant denies the account which is the foundation of the Plaintiff’s action. TEX. R. CIV. P. 93(10).

Defendant also denies that all just and lawful offsets, payments, and credits have been given or allowed. TEX. R. CIV. P. 185.

The contract sued upon is usurious. TEX. R. CIV. P. 93(11).

Notice and proof of loss or claim for damages has not been given as alleged. TEX. R. CIV. P. 93(12).

A plaintiff or defendant is not doing business under an assumed name or trade name as alleged. TEX. R. CIV. P. 93(14).

Verified Pleas and Denials*

– Fill Out Other Fields –

Please select at least one*

Notice and claim for attorneys’ fees under TEX. CIV. PRAC. & REM. CODE § 38.001 et seq. has not been given as alleged or required.

Notice and claim under TEX. BUS. & COM. CODE, SECTION 17.41, et seq., TEXAS DECEPTIVE TRADE PRACTICES ACT has not been given as alleged or required.

If you have more verified pleas and denials please add them below (optional)

Specific Denials

Specific Denials*

Pursuant to TEX. R. CIV. P. 54, Defendant specifically denies that all conditions precedent to Plaintiff’s claims have been performed or have occurred.

Pursuant to TEX. R. CIV. P. 56, Defendant specifically denies that any items of special or consequential damages have occurred.

Affirmative Defenses

Affirmative Defenses*

I claim the affirmative defenses checked below:

Defendant asserts accord and satisfaction. TEX. R. CIV. P. 94.

Defendant asserts arbitration and award. TEX. R. CIV. P. 94.

Defendant asserts assumption of risk. TEX. R. CIV. P. 94.

Defendant asserts contributory negligence. TEX. R. CIV. P. 94.

Defendant asserts discharge in bankruptcy. TEX. R. CIV. P. 94.

Defendant asserts duress. TEX. R. CIV. P. 94.

Defendant asserts failure of consideration. TEX. R. CIV. P. 94.

Defendant asserts fraud. TEX. R. CIV. P. 94.

Defendant asserts illegality. TEX. R. CIV. P. 94.

Defendant asserts laches. TEX. R. CIV. P. 94.

Defendant asserts payment. TEX. R. CIV. P. 94 and TEX. R. CIV. P. 95.

Defendant asserts release. TEX. R. CIV. P. 94.

Defendant asserts res judicata and/or collateral estoppel and/or issue preclusion and/or claim preclusion. TEX. R. CIV. P. 94.

Defendant asserts statute of frauds. TEX. R. CIV. P. 94.

Defendant asserts statute of limitations. TEX. R. CIV. P. 94.

Defendant asserts estoppel and/or estoppel by contract. TEX. R. CIV. P. 94.

Defendant asserts injury by fellow servant. TEX. R. CIV. P. 94.

Defendant asserts license. TEX. R. CIV. P. 94.

Defendant asserts waiver. TEX. R. CIV. P. 94.

Defendant alleges that the actions and omissions of the Plaintiff and/or other various third parties were the sole proximate cause of the alleged injuries and damages, if any, sustained by Plaintiff.

Plaintiff has suffered no compensable damage or injury.

Defendant has fully paid amounts under the agreement made the basis of the present lawsuit. TEX. R. CIV. P. 95.

Plaintiff has failed to join all parties needed for just adjudication. TEX. R. CIV. P. 39.

If you have more affirmative defenses please add them below (optional)

Other Defenses

Ambiguity

Breach By Plaintiff

Failure To Mitigate Damages

Impossibility of Performance

Lack of Capacity

Lack of Consideration

Lack of Privity

Mutual Mistake

Offset

Repudiation

Revocation

Standing

Void As Against Public Policy

If you have more defenses please add them below (optional)

Jury Trial

Do you want a Jury Trial?

The State of Texas requires an additional fee for a Jury Trial. See Tex. Gov’t Code 51.604 for more details.

Yes

Delivery

*Note it is your responsibility to send a copy of this response to the Plaintiff or their counsel. TexasResponse does not have the ability nor will it be responsible for sending a copy of this response to anyone.*

I understand and agree

Do you want to send 10 standard questions to the plaintiff?

Requests for disclosure is a form requesting answers to questions and the production of certain documents that are routine in every case.

Yes

WARNING*

1. Sign answer and ensure any declaration page (if generated) is attached,

2. Turn in your completed answer form at the Courthouse where the Petition was filed, keep a copy for you records, and send another copy of the completed form to the Plaintiff or the Plaintiff’s attorney, and

3. Consult an attorney promptly to understand your obligations and deadlines to complete any attached discovery (requests for disclosures, requests for interrogatories, requests for admissions, etc.).

In addition to responding to the lawsuit itself, a defendant may also be required to comply with various discovery requests. This can include requests for disclosures, interrogatories, requests for admissions, and other types of discovery. These requests are used to gather information about the case and can be important in building a defense.

It is important for a defendant to understand their obligations with respect to discovery and to respond to these requests in a timely and thorough manner. Failure to do so can result in sanctions being imposed by the court, which can include fines or even dismissal of the case.

By consulting with an attorney promptly, a defendant can ensure that they understand their obligations and deadlines and can take appropriate steps to respond to the lawsuit and any attached discovery requests. An attorney can also help the defendant develop a defense strategy and can represent them in court if necessary.

I understand, and agree to follow through with these obligations in order to successfully submit my response.

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