Being served with a lawsuit in Texas can be overwhelming, but how you respond is critical. Many defendants make the mistake of not filing a response or misunderstanding the importance of a general denial and verified denial in their case. Here’s what you need to know to protect your rights and avoid costly legal missteps.
The Importance of Filing a General Denial
When you receive a lawsuit, your first step should be to hire an attorney. If you cannot secure legal representation in time, it’s crucial to file a general denial to prevent a default judgment against you. A general denial is a legal response where you deny all allegations made by the plaintiff, forcing them to prove their claims.
Key points to remember:
- File the general denial promptly – Courts generally have strict deadlines.
- Ensure your filing is accepted by the court – Courts may not automatically notify you if there is an issue.
- Confirm in writing that your response was received.
If your case is in federal court, note that a general denial is not sufficient—you must specifically deny each allegation in the lawsuit. Federal court cases have stricter procedural rules, making legal representation even more critical.
When You Need a Verified Denial
While a general denial suffices in many cases, certain legal claims require a verified denial under Texas Rule of Civil Procedure 93. A verified denial is a sworn statement denying specific allegations that must be supported by an affidavit.
Some common examples of situations requiring a verified denial:
- Signature validity – Challenging the authenticity of a signature on a contract.
- Lack of consideration – Asserting that a contract lacked proper legal consideration.
- Suit on a sworn account – Defending against a specific type of monetary claim.
- Usury claims – Contesting excessive interest charges.
Failing to properly file a verified denial when required can result in losing the right to challenge certain claims in court.
Correcting Mistakes in Your Legal Response
If you make an error in your initial response, you can typically amend your answer to correct the mistake. However, timing is crucial. Courts allow amendments within specific time frames, and waiting too long could limit your ability to correct procedural errors. If you’re facing a lawsuit, seeking legal assistance early can help ensure your response is properly handled.
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