Being sued can be a stressful and confusing experience. In Texas, you have a specific time frame to respond to a lawsuit, and failing to do so could result in a default judgment against you. This means the court will rule in favor of the plaintiff without you having the opportunity to present your side of the story.
Understanding the Lawsuit
The first step is to thoroughly understand the lawsuit you've been served. Read the petition carefully, paying attention to the following:
- The Plaintiff: Who is suing you?
- The Cause of Action: What are they claiming you did wrong?
- The Damages: What are they asking for?
- The Deadline to Respond: When do you need to file your answer?
Drafting Your Answer
Your answer is a formal legal document that addresses each of the allegations in the petition. Here's how to write it:
1. General Denial
Begin by denying all of the allegations made by the plaintiff. You can simply state, "Defendant denies each and every allegation contained in Plaintiff's petition."
2. Specific Denials
Next, you'll need to specifically address each of the plaintiff's claims. If you agree with a specific allegation, you should admit it. If you disagree, you should deny it.
- Example: If the plaintiff alleges you breached a contract, you would deny that you breached the contract.
3. Affirmative Defenses
If you have any legal defenses to the lawsuit, you need to raise them in your answer. These are called affirmative defenses, and they can include things like:
- Statute of Limitations: The lawsuit was filed after the deadline to file.
- Waiver: The plaintiff waived their right to sue you.
- Contractual Release: You had a contract that released you from liability.
4. Counterclaims
If you believe you have a claim against the plaintiff, you can file a counterclaim in your answer.
5. Request for Relief
End your answer by requesting that the court dismiss the lawsuit and enter a judgment in your favor.
Filing Your Answer
Once you have drafted your answer, you need to file it with the court and serve a copy on the plaintiff.
- Filing: You can file your answer in person at the clerk's office or by mail.
- Service: You must have the answer served on the plaintiff. You can hire a process server or have someone over the age of 18 who is not a party to the lawsuit personally serve the plaintiff.
Important Considerations:
- Don't delay: File your answer within the time frame specified in the lawsuit. Failure to do so could result in a default judgment.
- Seek legal advice: If you are unsure how to write your answer, or if the lawsuit is complex, seek legal advice from an attorney.
- Keep copies of all documents: Retain copies of all documents you file and serve on the plaintiff.
Conclusion
Writing an answer to a lawsuit in Texas can be a challenging task, but it is essential to protect your legal rights. By carefully drafting your answer and following the proper procedures, you can ensure that you have a fair opportunity to defend yourself against the allegations. Remember, seeking legal guidance from an attorney can greatly increase your chances of achieving a successful outcome.