Being Sued by a Debt Collector in Texas

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Contrary to what many people think, debt collectors don’t just “write off” unpaid accounts—they file lawsuits, even for small balances like $1,000 or less. The goal is to obtain a judgment, which is a court order confirming you owe the debt.

With a judgment in hand, collectors can use post-judgment remedies like garnishments, property liens, or receiverships.

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⚖️ What Is a Judgment—and What Can It Do?

In Texas, a judgment gives a debt collector the legal right to collect from your non-exempt property. This could include:

Bank account funds
Non-homestead real estate
Business interests

Judgments can be valid for 10 years, and they can be renewed, keeping the debt alive much longer.

📬 What Happens When You’re Sued in Texas?

When you’re sued, you’ll be served with a Citation and Petition. This means a process server (or constable) personally delivers legal papers informing you that a lawsuit has been filed.

🕐 Deadline to Respond

In County or District Court, You must file an Answer by the Monday next following 20 days after you’re served. If you miss this deadline, the collector can ask the court for a default judgment without any input from you.

Most Debt collection lawsuits are filed In Texas Justice Court, and the deadline to respond to a lawsuit—known as filing an Answer—is:

📅 The Monday next following 14 days after you were served.

This means:

You count 14 days starting from the day you were served (including weekends and holidays),
Then your answer is due the following Monday, regardless of whether the 14th day falls on a Monday itself.

In many cases, the original creditor (like a bank or credit card company) has sold the debt to a third-party debt buyer, such as Midland Credit Management, Portfolio Recovery Associates, or LVNV Funding.

Other times they are original creditors like Chase, Bank of America, American Express or Capital One.

🛡️ How to Respond to a Debt Lawsuit in Texas

File an Answer

This is your written response denying (or partially admitting) the claims. Even a general denial can protect you from a default judgment.

Negotiate a Settlement

Debt collectors may be willing to settle for less than the total amount. Settlement before trial may help avoid judgment altogether.

Challenge the Lawsuit

You can contest the lawsuit if:

The collector can’t prove they own the debt
The amount is incorrect
The lawsuit was filed after the statute of limitations

⌛ Texas Statute of Limitations on Debt

In Texas, most debt collection lawsuits must be filed within four years from the date of your last payment or default. If a lawsuit is filed too late, you can assert the statute of limitations as a defense and possibly get the case dismissed.

🔄 What Happens After a Judgment?

Once a debt collector wins a judgment, they can seek post-judgment remedies, such as:
- Bank garnishments (but not wages in Texas)
- Abstracts of judgment, which can attach to real estate
- Turnover orders to compel you to turn over non-exempt property
- Receiverships to take control of business interests or income sources

🚪 Can a Debt Collector Take My House or Wages?

In Texas, your homestead is protected from creditors. Also, wages cannot be garnished for most consumer debts. However, bank accounts and other non-exempt property can be seized.

Final Thoughts

Consider hiring Weston Legal
Mark your calendar for your response deadline
File an Answer to avoid a default judgment or Hire a Lawyer to do this for you.
Negotiate or contest the debt if possible
Know your exemptions—protect what’s yours

Mike Weston, Esq.

Mike Weston is a seasoned debt lawsuit defense attorney and founder of Weston Legal. Since 2005, Mike has devoted his career to compassionately helping consumers struggling with issues involving their personal and business debts. Mike is grateful to have been able to help tens of thousands of clients become empowered with knowledge on the path to financial stability.