Legal Question in Family Law in Texas

I was served at night time.I know I have 20 days,but does the 20 days start the next day? what about Holidays,do the holidays count or not since the courts are not opened?I need help please!!! The Holidays are Christmas Eve,Christmas Day,New Years Day?


Asked on 1/01/13, 8:09 am

3 Answers from Attorneys

Keith Engelke Law Office of S. Keith Engelke

If this is state court, you count 20 days (incuding weekends and holidays) from the day you were served. If this day does not fall on a monday then you have until the next monday.

The consequence of not filing an answer in time is that whoever served you can file a motion for entry of a default judgment. However, the court cannot enter a default judgment after you have filed an answer.

So the key is to file an answer to prevent the entry of a default judgment against you.

If you are not a resident of Texas, and do not want to concede jurisdiction over you, you may want to file a special appearance with your answer.

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Answered on 1/01/13, 1:15 pm
Fran Brochstein Attorney & Mediator

My advice is to answer sooner than later. It's better to be early than wait too long and miss the answer date.

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Answered on 1/03/13, 12:14 pm
Fran Brochstein Attorney & Mediator

I recommend that you hire an attorney.

Look on this website, www.avvo.com and on the State Bar of Texas for an attorney. Check with your friends and family for a referral. Many attorneys offer a free phone or in-person consultation. Many offer payment plans. Good luck!

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Answered on 1/03/13, 12:16 pm


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