Getting sued over unpaid credit card debt can feel overwhelming, especially if you’re unsure whether the lawsuit is even valid. The truth is, not all credit card lawsuits are filed with proper documentation—or even by the original creditor. If you’ve been served with a lawsuit in Texas, you have rights. Understanding common defense strategies can give you the upper hand.

This blog breaks down proven legal strategies that Texas attorneys use to challenge and often defeat credit card lawsuit claims.

 

1. Demand Proof of Ownership

Many credit card lawsuits are filed by debt buyers, not the original lenders. These companies purchase charged-off debts and try to collect them for a profit. However, they must provide solid proof that they legally own the debt. That includes:

 

  • A valid chain of title (assignment history)
  • Original credit agreement and account statements
  • Documentation showing the exact balance owed

 

If this paperwork is incomplete or missing, your attorney may be able to get the case dismissed.

2. Challenge Improper Service

In Texas, a lawsuit must be properly served according to legal rules. If the plaintiff didn’t follow the required procedures—for example, by leaving documents with the wrong person or at the wrong address—the case could be dismissed for improper service. Always review how you were served, and consult a lawyer quickly if anything seems off.

3. Raise the Statute of Limitations Defense

Texas has a four-year statute of limitations on most debt-related lawsuits, including credit cards. If the creditor files suit after this window has closed, you may have a complete defense—but you must assert it in your response. Failing to do so could mean giving up a strong legal argument.

4. File a Motion to Dismiss or Compel Better Evidence

Your attorney can file a motion to dismiss if the plaintiff’s petition lacks basic legal merit or fails to state a valid claim. In other cases, we may file a motion to compel discovery, forcing the creditor to provide better documentation. If they can’t, it strengthens your position significantly.

5. Negotiate a Favorable Settlement

When you’re represented by an attorney early in the process, many credit card lawsuit cases settle out of court. Skilled legal counsel can help you:

 

  • Negotiate a reduced balance
  • Set up manageable payment plans
  • Avoid wage deductions or liens (when applicable in other states)

Settlements often save you from a judgment on your credit report and help you avoid further stress or court appearances.

A person holding a credit card
Understanding your rights can make all the difference in a credit card lawsuit—especially when documentation is lacking.

If you’ve been served with a credit card lawsuit, the Law Office of Joel Gonzalez is ready to help you protect your rights. As a trusted debt relief attorney in Corpus Christi, I’ve helped countless individuals defeat or settle lawsuits through tailored legal strategies. Whether you’re facing debt buyers or dealing with questionable claims, I bring years of experience handling credit card lawsuit defense and debt collection lawsuit matters. I offer individualized support, focusing on achieving the best possible result for you.

 

Get in touch with me for more information.