Being sued for credit card debt can feel overwhelming. If you’ve received a summons or notice of a lawsuit, it’s critical to act quickly—especially in Texas, where court deadlines are strictly enforced. Missing these deadlines could result in a default judgment, which gives the creditor the legal right to collect the debt through various means, including bank account levies or property liens.

Respond Before the Deadline

Once you’re served with a credit card debt lawsuit, you typically have 14 to 20 days to file an answer, depending on the court. Failing to respond within this window can result in an automatic judgment against you. A proper legal response can stop the process in its tracks and give you time to raise defenses or negotiate a settlement.

Understanding Debt Buyers and Their Burden of Proof

Many lawsuits are filed not by the original credit card company, but by third-party debt buyers. These companies purchase charged-off debts for pennies on the dollar and then sue consumers to collect. However, in Texas, debt buyers must provide proper documentation to prove:

 

  • The original creditor owned the debt
  • The amount being claimed is accurate
  • They now have legal standing to sue

 

In many cases, debt buyers fail to present this evidence properly. An experienced attorney can use these gaps to challenge the lawsuit on evidentiary grounds.

Common Defenses in Texas Courts

Several legal defenses are commonly used in credit card debt cases in Texas. These include:

 

  • Lack of Standing – If the plaintiff cannot prove they legally own the debt, they don’t have the right to sue.
  • Statute of Limitations – In Texas, the statute of limitations for credit card debt is generally four years from the date of the last payment or charge.
  • Improper Service – If you weren’t legally served with the lawsuit, that can be grounds for dismissal.
  • Payment or Settlement – You may have already resolved the debt or settled it for a different amount.

 

Every case is different, and a careful review of the documents and claims made against you is essential for building a solid defense.

The Role of an Attorney

Fighting a credit card debt lawsuit isn’t something you have to face alone. An attorney helps clients challenge unfair or unsupported claims in court. Whether the issue lies in procedural missteps or lack of evidence, they can develop a strategy tailored to your specific circumstances.

In some cases, especially when the debt is large or unmanageable, bankruptcy may be a better approach if that is not an option. Filing for Chapter 7 or Chapter 13 bankruptcy can stop most collection actions and potentially discharge your unsecured debts, including credit card debt.

Credit cards on a laptop
Facing a credit card debt case? Law Office of Joel Gonzalez explains your rights and deadlines in Texas courts.

If you’re dealing with a credit card debt lawsuit and need experienced guidance, consider contacting the Law Office of Joel Gonzalez. I have a track record of high client satisfaction and offer personalized attention. Whether you’re seeking credit card debt relief, need a debt relief law firm, or are facing a debt collection lawsuit, I can help you understand your legal options. From defending lawsuits to exploring bankruptcy alternatives, I’ll guide you toward the right solution. Located in Corpus Christi, Texas, I’m ready to help you take the next step toward financial relief.

 

Contact me now.