You have been sued to collect a debt. What's next?
This page has a form you can use to respond to a debt collection lawsuit in Harris County Justice Court, Precinct 1, Place 2. It also has information on debtor rights and how you can apply for legal help.
Those who qualify may also be able to get free legal help through the South Texas College of Law's clinic program.
Fill out the Answer Form
How to Answer a Debt Collection Case in Justice Court has a form and instructions to help you fill out and file an Answer.
If you do not file an Answer, you will probably lose your case. Filing an Answer lets the court and the Plaintiff know that you will take part in the case.
Accessing the Answer Form
It is best to use a desktop computer to download and fill out the form. If you do not have a computer at home, you can find one at the courthouse's Virtual Court Kiosk. The kiosk includes a printer and scanner, and is free for anyone to use every weekday from 8:00 AM - 4:30 PM.
Most libraries also provide free computers, though there may be printing fees if you plan to file your Answer by mail or in person.
You can also complete the form on your phone if you have the Adobe Acrobat app. You do not need to register an account or subscribe to Adobe Acrobat when prompted to use the app.
What Information Do I Need?
To prepare your response, gather the papers for your case and information about the debt.
Lawsuit papers. Lawsuit papers, which notified you of the lawsuit, are also called the citation and petition. These papers should include information about the court where you are being sued and information from the person suing you that describes the debt.
If you do not have these papers, you can call the court where you are being sued to ask for help getting them. Call 713-274-0600 about papers for debt cases with the Harris County Justice Court, Precinct 1, Place 2.
Information related to the debt. Gather any information you may have about the debt. For example, payment records, notices, contracts you agreed to, and communications with the creditor.
Respond by the Deadline
Use the Answer Deadline Calculator to find the deadline in your case. It is important to file your Answer on time. The deadline is generally 14 days after you get served with the lawsuit papers, but it can vary slightly depending on weekends and holidays.
If you miss the deadline, it is still better to file the Answer late than not at all.
Where to File
File the Answer with the court where you are being sued. You have several options: In person, mail, e-file, and email.
Be sure to provide a copy of the Answer to the other side (or their attorney, if they have one).
- In person: You can take the Answer in person to the address listed in the court papers.
- Mail: You can mail the Answer to the address listed in the court papers. Mail sometimes gets lost or can take longer than expected, so in other methods are often better.
- E-file: For those who want to file online (e-file) through eFile Texas, detailed step-by-step instructions are available. How to E-File also has additional tips. E-filing can be confusing, but it automatically sends a copy of your Answer to the other side's attorney, if they have one, so you do not have to do so yourself.
- Email: This court also allows you to file by email: myjp12@jp.hctx.net. If you file by email, you must still mail or give a copy of the Answer to the other party (or to their attorney if they have one).
What happens after I respond?
After the court gets your Answer, the court will mail you the time and date to come to court for a hearing. If your address changes, let the court know.
Make sure to go to the hearing. If you do not show up, the court will probably rule against you and you will lose. You can show up with or without a lawyer.
At the hearing, bring information, documents, and witnesses that support your side. This includes things like: credit card statements, bills, receipts, invoices, letters, or any proof you might have that you don’t owe the debt.
What if I lose my case?
If you lose your case, your creditor may be able to freeze your bank account. In some cases, they might even be able to take and sell your property.
Is there income and property that creditors cannot take?
Even if you lose, some types of income and property are protected. For example, creditors cannot usually take your home, your car, Social Security payments, or child support. Protected property is often called "exempt" property, because it is exempt from seizure.
See the full list of exempt property.
If you lose your case, you need to tell the court and the creditor about your exempt property. This will tell the creditors not to take it.
The creditors should mail you forms that let you list your protected property. However, you don't have to wait--and you shouldn't. You can find the forms and instructions in Exempt Property in Debt Collection.
Helpful Resources
- Affirmative Defenses explained: Learn about possible defenses in your case.
- Exempt Property: Learn about property and funds that creditors cannot take.
- My Debt Collection Rights in Texas: Learn about scams, borrower protections, and other important debt issues.
- Judgment Proof: Learn what it means to be "judgment proof."
- Courtroom Tips: Learn the basics of going to court.
Legal Help
Talking to an attorney can be a big help. An experienced attorney might notice and understand things about your case that an untrained person would miss.
Free Legal Aid for Low-Income Defendants
- Lone Star Legal Aid
- Houston Volunteer Lawyers
- TexasLawHelp LiveChat
- Additional Legal Aid Options by County
If you cannot get help from legal aid:
- Access Justice Houston (sliding scale): Call 832-772-6743.
- Houston Lawyer Referral Service: For private attorneys, you can contact the Houston Lawyer Referral Service at (713) 237-9429 (www.hlrs.org). You can ask if you qualify for the reduced fee program. You can also ask for a 30 minute consultation for $20. If you decide to hire the attorney afterwards, you can negotiate the fees with them.