Sued For Credit Card Debt in Texas? What to Do in the First Five Days

It’s all too easy to get overwhelmed by credit card debt. You may have started using your card to get you through the occasional emergency, only to end up leaning on it for every purchase when funds ran low. If a long-overdue credit card has resulted in a lawsuit, make sure you have the right legal guidance to get you through—call the debt defense attorney at Garza Law Office PLLC.

Located in the Rio Grande Valley, Garza Law Office, PLLC takes a compassionate and experienced approach to complex legal issues, from debt and criminal defense to family and immigration law. You have rights when it comes to credit card debt, and our goal is to help you fight for the best possible outcome for your family. Call us at 956-329-1304 to learn more now.

Get an Overview of Your Legal Situation

When you find yourself in this position, it’s normal to panic. However, panic doesn’t do anything to get you any closer to a solution. Give yourself a few minutes to panic, assume the worst, and let out all your anxiety—and then get back to work.

Read your lawsuit paperwork thoroughly. Texas gives debtors a very short timeframe in which to respond, so you don’t have the luxury of waiting days to read your paperwork and then decide how you want to proceed. To give yourself the best chance at a favorable outcome, you’ll want to jump in immediately and explore your options with a debt defense law firm.

Review Your Lawsuit Paperwork and Supporting Documentation

The lawsuit paperwork should include everything you need to start working on a response and solution. The complaint should explain the debt they are trying to collect, to whom the debt is owed, how much they believe you owe, and where they are suing you. All of these pieces of information play a crucial role in how you decide to respond.

If you recognize the debt in question, you can begin looking for supporting documentation. This may include your last credit card bill or proof of your most recent payment (regardless of how long ago it was). Looking into this documentation can give you a better understanding of whether or not the amount listed in the lawsuit is accurate.

Decide How to Respond to the Lawsuit

In Texas, you generally have just 14 days to respond to a lawsuit. This starts on the day that you are served. If the 14th day falls on a weekend or holiday, you have until the next business day to submit your answer. Justice courts, commonly referred to as small claims courts in other states, typically hear cases involving debts of $20,000 or less. You’ll want to verify that you are filling out the appropriate forms for the court overseeing your case.

The timeline is slightly different if your case is being tried in a district court. The deadline in this situation is 10:00 A.M. on the first Monday following 20 days from the date of service.

If you’re uncertain how to read your lawsuit papers or respond, you can talk to a debt defense lawyer. Your lawyer can explain your timeline for a response and how to submit your answer to the court.

In some cases, defendants opt to answer a credit card lawsuit with a general denial. A general denial essentially denies all of the claims made by the plaintiff. Rather than picking out specific claims to dispute, a general denial basically tells the plaintiff they have to prove that all of their claims are true. For example, if they claim that your debt is still within the statute of limitations, they will then need to go through the work of proving it. However, you should discuss your options with an attorney before deciding which approach suits your case.

Talk to a Debt Defense Attorney

While you can technically handle a credit card lawsuit on your own, doing so could cost you a significant amount of time, money, and stress. Consulting a debt defense law firm as soon as possible after being served with lawsuit papers can give you a fighting chance at an outcome that protects your financial wellbeing.

Get the Guidance You Need With Garza Law Office, PLLC

If you’re ready to discuss your case with a debt defense lawyer, it’s time to set up a consultation with Garza Law Office, PLLC. Call us at 956-329-1304 or reach out online to schedule your virtual or phone consultation.

Dora Alicia Garza

Dora Alicia Garza is a seasoned attorney based in Texas and the Founder of Garza Law Office, PLLC. She has built a respected practice across multiple areas of law, including criminal defense, family law, personal injury, guardianships & wills, estate planning & probate, immigration, debt defense and juvenile law. Learn more here.