CASE NUMBER:
Plaintiff(s)
Vs.
________________
§
Precinct
Defendant(s)
DEFENDANT’S ORIGINAL ANSWER
TO THE HONORABLE JUDGE OF THIS COURT:
COMES NOW the defendant(s) in the above-styled case, who enters a general denial
pursuant to Texas Rule of Civil Procedure 92, denying the allegations set forth in the plaintiff’s
petition and denying plaintiff’s claim.
Wherefore, premise considered, defendant prays that the plaintiff take nothing in this
case; and the defendant go hence without day and cost of said suit be taxed against plaintiff.
Respectfully submitted,
Defendant’s Signature
Mailing Address:
_______________________
City, State, Zip
_______________________
Telephone Number: ______________________
FAX:
_______________
CERTIFICATE OF SERVICE
I do hereby certif~’ that I have mailed a true and correct copy of Defendant’s Original Answer to
the plaintiff on the ______________day of
, 201_ at the following address:
P1aint~ff~ address
Defendant’s Signature
This letter is provided for general information only, and is not
intended as specific legal advice for a particular situation
This is a generic Defendant’s Original Answer form containing a general denial of
plaintiff’s claims. It should only be used if you are up against a deadline and need to
prevent a default judgment being entered. It is NOT adequate to make the suit go away.
After your answer is filed, the plaintiff can take steps to prove its case. DO NOT
IGNORE anything you receive from the court or the plaintiff. There are many defenses
not covered by a general denial that must be specifically addresses or sworn to. SEEK
LEGAL ADVICE.
Before you file your answer make sure you have been sued in the correct
precinct. You can phone the clerk of the court to find out if you have been sued in the
correct precinct, If the precinct is not the one where you live, you need to tell the court
(in writing) that you have been sued in the wrong precinct and request the “venue”
(place where the suit is to proceed) be changed to your precinct. Venue must be filed
concurrently with the general denial or you will not be permitted to move the
case.
Fill in the blank lines on the other side of this form with the appropriate
information.
•
The person suing you is the plaintiff. You are the defendant.
•
You are required to mail a copy of Defendant’s Original Answer to the
plaintiff. If they are represented by an attorney you must mail it to the
attorney. The Certificate of Service at the bottom of the page is the notice
to the court that you have done so.
•
The best practice is to take your original answer and one copy to the clerk
of court for the precinct where you have been sued and hand it to the
clerk to be filed. She will keep the original and give the copy back to you
with a stamp showing the filing date. Keep this copy as it is your proof
that you filed your answer on time.
•
Some precincts will permit you to file your answer by fax or enter a
denial over the telephone. Call the clerk to find out what they
permit. If you mail it, be sure it is post-marked prior to 10:00 a.m.
on the deadline day.
Please remember that every case is different and this general form may not be the
strongest or best response to your lawsuit. If you use the general form, please
consult with an attorney after you have met the filing deadline. Your attorney may
need to file an amended answer to best present your defense(s).