What would you do if you were handed a lawsuit from a credit card company? Most people panic—and understandably so. Being served with legal papers can be intimidating, especially when the plaintiff is a large, well-funded financial institution. Yet, in Texas alone, thousands of consumers each year are taken to court over unpaid credit card debt. Debt claim cases—primarily from credit card companies—make up nearly 52% of all civil filings. That means every day, residents in cities like Corpus Christi are being dragged into courtrooms, often unprepared.

Here’s the good news: Being sued does not mean all hope is lost. There are clear, concrete steps individuals can take immediately to defend their rights and protect what matters most. From knowing how and when to respond to understanding which assets are protected under Texas law, the key is acting quickly and knowledgeably.

For those in or near Corpus Christi, the Law Office of Joel Gonzalez offers strategic support for individuals sued over credit card balances. Joel Gonzalez provides trusted guidance in bankruptcy law and consumer defense—offering clarity at a time of confusion.

This article explains the critical first steps anyone should take after receiving notice of a lawsuit from a credit card company. It discusses how to respond, outlines common legal defenses, shows how to protect certain assets, and explores broader debt relief services that may provide long-term relief.

Step One: Do Not Ignore the Lawsuit—Why Timely Action is Non-Negotiable

 

Being served with a credit card lawsuit can feel overwhelming—but doing nothing is the worst possible option. Ignoring the summons doesn’t make the lawsuit disappear; instead, it hands victory to the credit card company. Texas law imposes strict deadlines for responding, and if you fail to act within that window, the consequences can be severe.

In Justice of the Peace Courts, you typically have 14 days from the date of service to file a written answer. In County or District Courts, the deadline is typically the Monday following 20 days from the date you were served. These deadlines are not suggestions—they’re legally binding. If the deadline is missed, the creditor can file a motion for default judgment, which allows the court to grant everything the creditor requested in the lawsuit—without hearing your side.

A default judgment gives the creditor legal permission to pursue collection through court-sanctioned means. That might include freezing bank accounts or placing liens on non-exempt property. While certain protections exist under Texas law, avoiding this outcome entirely is a far better strategy.

Your response to the lawsuit—called an “Answer”—does not have to be long or legally complicated, but it must be done correctly. At its core, the Answer is your official reply to the creditor’s allegations. It puts the case on record and signals that you’re prepared to assert your rights.

Key elements of an effective written Answer include:

• Denial of allegations:You can simply state that you deny all claims unless and until the creditor proves them in court. This forces the creditor to provide evidence.
• Lack of knowledge:If you are unsure about specific claims (such as dates, amounts, or terms), it is appropriate to state that you lack sufficient information to admit or deny.
• Affirmative defenses:These are legal arguments that can defeat the lawsuit even if the allegations are true. Examples include:

1. The statute of limitationshas expired (credit card debt lawsuits must be filed within four years in Texas).
2. The debt was previously paid, discharged, or settled.
3. The creditor is suing the wrong personor suing under the wrong name.
4. The debt resulted from fraud or identity theft.

Filing this Answer with the court is only half the job. You must also send a copy to the plaintiff or their attorney. This is a critical step. Failing to do both can still result in a default judgment.

Learn why more Texans are fighting credit card lawsuits and winning. (Please link to CB2)

Even if you think you owe the debt, filing an Answer gives you leverage. It buys you time, opens the door to negotiation, and forces the creditor to prove their case. In many situations, creditors are unprepared to meet that burden.

Step Two: Review the Lawsuit for Accuracy—Scrutinizing the Fine Print Can Be a Gamechanger

Not every credit card lawsuit is accurate—or even legitimate. A significant number of these cases are filed by debt buyers, which are companies that purchase defaulted accounts in bulk from original creditors like banks or credit card companies. These debts are often sold with incomplete records, missing documentation, and outdated information. That leaves plenty of room for error—and opportunity for defense.

Before you panic or assume the lawsuit is valid, closely examine every page of the court documents you receive. Look for discrepancies, missing data, or red flags that may indicate that the credit—or debt buyer—does not have a solid case.

Here are specific issues to look for:

• Incorrect amounts being claimed:Creditors sometimes include unauthorized interest, late fees, or inflated balances. The number in the lawsuit may be much higher than what you actually owed.
• Wrong name or mistaken identity:If the name on the lawsuit is even slightly different, or if you suspect the debt belongs to someone else, this should be raised in your Answer. Identity mix-ups happen more often than most people realize, especially with common names.
• Missing account details:A legitimate lawsuit should reference the original creditor, account number (even if partially redacted), and specific information about the debt. Vague or generalized statements like “You owe $5,000 on a credit card” with no additional details could signal a weak or generic claim.
• No proof of ownership of the debt:This is particularly important in lawsuits filed by debt collectors or third-party buyers. These companies must prove that:

1. They purchased your specific debt.
2. The account was valid at the time of purchase.
3. They have a legal right to sue you.

In many cases, debt buyers do not have the full chain of assignment—a critical document trail showing how the debt moved from the original creditor to the current plaintiff. If they can’t produce this documentation in court, they may not have standing to sue.

Charge-off vs. lawsuit confusion: A charge-off is an accounting term used by creditors to write off a debt as a loss. Just because an account was charged off does not mean the lawsuit is invalid, but it may affect the calculation of interest and fees.

Every one of these inaccuracies—or lack of documentation—can be used as part of your credit card lawsuit defense in Texas. Courts require evidence. If the plaintiff cannot back up their claims with paperwork, their case may be dismissed.

Even something as basic as an unsigned or outdated credit agreement can throw the lawsuit into question. These weak points are critical when working with a debt relief law firm that can assess whether the case can be challenged, dismissed, or settled on more favorable terms.

Step Three: Understand Texas Property Exemptions

Texas exemptions typically include:

• Primary residence (homestead)
• Personal property up to a certain value (vehicles, furniture, etc.)
• Tools of the trade
• Retirement accounts and some savings

These exemptions are important when working with a debt relief law firm, particularly in cases where bankruptcy or settlement negotiations are being considered.

Step Four: Consider Legal Defenses

Several valid legal defenses may apply in credit card lawsuits. These must be raised in the initial answer or may be lost.

Common defenses include:

• Statute of limitations (usually 4 years in Texas)
• Improper service of the lawsuit
• Identity theft or fraud
• Lack of contract or agreement
• Payment already made or incorrect balance

Each case is different, so legal advice is essential for determining which defense makes the most sense.

Step Five: Weigh Debt Relief Options

Fighting the lawsuit is only part of the picture. Many people being sued over credit cards also struggle with broader financial problems. If credit cards, medical bill collections, or personal loans have become unmanageable, it may be time to consider long-term solutions.

Facing medical bills in Texas? Here’s how to get legal help. (please link to CB7)

Debt relief services in Texas can include:

• Bankruptcy (Chapter 7 or Chapter 13)
• Debt negotiation or settlement
• Stopping collection actions
• Protecting exempt assets

For those seeking credit card debt relief, a debt relief law firm in Corpus Christi can help weigh the legal and financial implications of each option.

Step Six: Keep Records and Communications

Document everything. Save all court papers, notices, and letters from the creditor. If the plaintiff violates collection laws or court procedures, this documentation can help the defendant.

Important to track:

• Court filings and deadlines
• Copies of letters and emails
• Notes from phone calls
• Any harassment or unlawful collection activity

Proper record-keeping strengthens the consumer’s position and can help uncover errors by the creditor.

Step Seven: Attend Court (or Request Postponement If Necessary)

 

If the lawsuit proceeds to a hearing or trial, it is essential to appear. Failure to show up can result in a judgment against the defendant, regardless of the facts.

In some cases, the defendant may request a continuance if more time is needed to prepare or retain legal help. Judges may grant this if requested properly.

Can Being Sued Over a Credit Card Actually Be the Start of a Fresh Financial Chapter?

No one wants to face a lawsuit, but for some, this moment can mark a turning point—a chance to pause, reassess, and take back control. Whether the solution lies in challenging the lawsuit itself or seeking broader relief through bankruptcy or other legal strategies, Corpus Christi residents have a valuable resource.

The Law Office of Joel Gonzalez is a trusted debt relief law firm that provides clear and effective legal support for individuals dealing with credit card lawsuits, medical bill collections, and other unsecured debt. With years of experience and a deep understanding of consumer protection laws in Texas, Joel Gonzalez offers debt relief services that make a meaningful difference.

To learn how your case can be resolved or what options might apply to your specific situation, contact the Law Office of Joel Gonzalez today. He can help you take immediate steps to respond effectively and move toward relief with confidence.