The Clock is Ticking: Speed Matters in Texas
When you are officially served with a lawsuit in Texas, you are subject to strict court deadlines. Missing these deadlines can lead to an automatic loss, known as a default judgment.
- Default Judgment: This is the most dangerous consequence of delay. If you fail to file a formal, written Answer with the court by the deadline, the party suing you (the plaintiff) can ask the judge to automatically rule in their favor. This judgment can grant the plaintiff everything they asked for, including money damages, without you ever having a chance to present your side of the story.
- Texas Deadlines Are Short: For most civil lawsuits filed in a Texas District or County Court, you must file your written Answer by 10:00 a.m. on the Monday next following the expiration of 20 days after you were served. For Justice Court cases, the deadline can be as short as 14 days or less, as in some eviction cases.
- Waiver of Key Defenses: Certain legal rights and defenses, such as challenging whether the Texas court has jurisdiction over you, must be asserted immediately. Waiting too long, or filing the wrong document first, can cause you to lose these rights forever.
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Defending Your Case
Once you engage an attorney, they immediately step in to manage your defense and meet these strict timelines.
- Filing a Timely and Proper Answer: Your lawyer will draft and file the necessary legal documents, such as a General Denial and specific pleas, to officially respond to the lawsuit and protect your right to participate in the case.
- Asserting Affirmative Defenses: An experienced litigator will evaluate your case to determine any affirmative defenses—reasons why the plaintiff should not win, even if some of their claims are true. These must be included in your initial Answer or they may be lost.
- Managing the Discovery Process: Litigation involves a lengthy period called discovery, where both sides exchange evidence and information. Your attorney manages this complex process by:
- Gathering Evidence: Collecting all documents, records, and witness testimony necessary to support your defense.
- Responding to Requests: Preparing timely and strategic responses to the opposing party’s interrogatories (written questions) and requests for documents.
- Handling Opposing Counsel: Discovery is complex, and many cases are won or lost at this phase because attorneys are skilled at using the discovery procedures to their advantage, having the right attorney representing you during this process is critical
- Negotiating and Settling: Your lawyer acts as your advocate to attempt to resolve the dispute outside of court, whether through direct negotiation or mediation, potentially avoiding the expense and stress of a full trial.
- Trial Representation: Should the case proceed to trial, a civil litigation attorney provides full courtroom representation, presenting evidence, cross-examining witnesses, and making compelling legal arguments to the judge or jury.
Conclusion
The takeaway is simple: If you have been served with a lawsuit in Texas, you do not have time to waste. The Gustafson Firm offers a free consultation of your case and is ready to fight for you. If you have been sued, contact The Gustafson Firm immediately.
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