Deadline to File an Answer: Important Legal Insights

What Is The Deadline To File An Answer?

The answer depends on the type of case and court. Generally, in Texas, an Answer (response to a lawsuit or complaint filed in court) is due by 10 a.m. on Monday after the expiration of 20 days from the date of service. If the 20th day falls on a weekend, go to the Monday that follows.

Simple version: Count 20 days from the date you were served (received) the petition; the Monday that follows (by 10 a.m.) is when your answer is due.

In a family law case:

After you have been served with a citation and petition, you must file your answer by the deadline.

To determine the deadline, find the day you were served on a calendar; count out 20 more days (including weekends and holidays) then go to the next Monday. You must file your answer with the court on or before this date at 10:00 a.m. If the courts are closed on the day your answer is due, then your answer is due the next day the courts are open.
If you are served and do not file an answer on or before the deadline, the petitioner can finish the case without any further notice to you. This is called a “default judgment.”
If you have not been served with a citation and petition, there is no deadline to file your answer. You can file your answer at any time after the petitioner files a petition (the form that starts the lawsuit) with the court. If you file your answer, the petitioner will not need to serve you.

The petitioner = party/person who filed the suit or request

Respondent = party/person who filed the answer.

In the Justice of Peace court:

The deadline to file an answer is different if you have a civil case such as an eviction or small claims. The deadline is 14 days.

If you are served with citation and petition and the Court does not receive your Answer, the Court may grant a default judgment against you. However, if you have not been served or could not been served, the complaint may be placed on a dismissal docket.

Plaintiff = person/party who filed the lawsuit.

Defendant = person/party who respond or answer to lawsuit.

In some cases, there are counter-suit, an instance where the Defendant or Respondent answers and files his or her own complaint.

Just been served? Don’t miss your deadline.

Missing a Texas answer deadline can result in a default judgment — meaning the other party gets whatever they asked for in their petition, often without you having a chance to contest it. Even if you plan to ultimately agree on most things, filing a proper answer protects your right to be heard on the parts you don’t agree with.

Aminu Law Firm handles responses to divorce, custody, and child support petitions throughout the greater Houston area. If you’re up against a deadline, call us today — we can often file a timely answer even on short notice. Attorney Rachael Aminu is a five-time Super Lawyers Rising Star (2021–2025) who focuses on helping working Houston families respond to family law matters efficiently and affordably.

Call (832) 529-1255
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