Answer: If a summons in an action is not served within 12 months of the date of its issue or, having been served, the plaintiff has not, within that time after service has taken further steps in the prosecution of the action, the summons shall lapse.
Court Summons Is Ignored? 5 Serious Consequences You Must Know
Question: What happens if a court summons is ignored?
Answer: If you are given a summons in a civil lawsuit and you don’t reply or go to the court on the assigned day, the other person points out to the court that you are not interested in the case. The jury will have to take a default judgment against you.
Someone Refuses to Be Served? 3 Smart Ways Process Servers Respond
Question: What happens if someone refuses to be served?
Answer: In most cases, a defendant or target does not have to formally accept service in order for it to be considered effective. If the defendant comes to the door but refuses the papers, the process server may just have to leave them at their feet and walk away.
Answer: Although it might be tempting, ignoring a lawsuit will not make it go away and could result in the court awarding a money judgment against you by default.
What Must a Complaint Include? Avoid These 5 Costly Mistakes!
Question: What must the complaint include in Texas?
Answer: A complaint must state all of the plaintiff’s claims against the defendant and must also specify what remedy the plaintiff wants. After receiving the complaint, the defendant must respond with an answer.
What Is the Purpose of a Summons? 7 Critical Legal Truths You Must Know
Question: What is the purpose of a summons in Texas?
Answer: The summons is a written document that identifies the court in which the lawsuit will be heard, contains the signature and seal of the clerk and the court, and identifies the parties involved in the lawsuit.
What Is a Court Summons Called? 7 Terms You Must Know Now
Question: What is a court summons called in Texas?
Answer: A summons or subpoena is an official court document. In fact, the term “subpoena” comes from the Latin for “under penalty.” You must respond to a summons or a subpoena as required and by the deadline required.
Does a Summons Mean You Have to Go to Court? 7 Must-Know Legal Facts
Question: Does a summons mean you have to go to court?
Answer: While a summons is an invitation for a person to appear in court, it is not an order. If the individual does not wish to go to court and simply does not appear or answer the complaint, the judge can decide the case without him or her there. In many cases, this results in a default judgment against the defendant.
What Happens When You Receive a Summons? 7 Critical Things to Know
Question: What happens when you receive a summons in Texas?
Answer: A Summons is an invitation to come to court. In some cases, the court will schedule a call or a video call for the first appearance instead. In other cases, the court will ask that you file an appearance or an answer.
How Do I Answer the Complaint in Texas? 7 Urgent Steps to Protect Yourself
So, How Do I Answer the Complaint in Texas? To answer a complaint in Texas, you must file a written response called an Answer with the court by the deadline stated in the citation—usually by 10:00 a.m. on the Monday following 20 days after service. Your Answer should include a general denial, your name, and contact information, and be signed. File it with the court and send a copy to the plaintiff or their attorney.
Step-by-Step: How Do I Answer the Complaint
Read the Citation Carefully It tells you when and where to file your Answer. Missing the deadline can result in a default judgment against you.
Draft Your Answer You can write a simple General Denial unless the case is in a specialty court (like family court or justice court with specific requirements. Include:
Case number and court name
Your name as Defendant
A general denial or a specific response to each numbered allegation
Your signature, address, and phone number
Don’t Include Defenses Yet You may add affirmative defenses like payment, statute of limitations, or mistaken identity, but keep it brief if you’re unsure. You can amend later.
File the Answer With the Court Submit the Answer to the clerk of the court listed in your citation. You may:
File in person
File by mail
File electronically through eFileTexas.gov
Send a Copy to the Plaintiff Mail or deliver a copy of your filed Answer to the plaintiff or their lawyer.
Keep a Copy for Yourself Store your file-stamped copy for future use. You may need it for motions, hearings, or trial.
Texas Answer Deadline Example
Date Served
Answer Due
July 1 (Monday)
July 22 (Monday at 10:00 a.m)
July 3 (Wednesday)
July 24 (Wednesday is not valid—use next Monday, July 29 by 10:00 a.m)
What Happens If I Don’t Answer?
The plaintiff can request a default judgment.
You could lose the case automatically without being heard.
Judgments may include money damages, garnishment, or liens.
Pro Tip: Use Texas Supreme Court Forms
If you’re not represented by an attorney, use this general form: Texas Answer Form for Civil Cases (Self-Help): click here
