Being sued in Texas for less than $2500 in credit card debt

Asked 5 months ago - San Antonio, TX

Haven't heard from a creditor in several years
Don't recognize the information

Attorney answers (5)

  1. Michael Wayne Weston

    Pro

    Contributor Level 12

    4

    Lawyers agree

    Answered . You need to file a written response to the lawsuit. Most likely you were sued in Justice court so you only have 14 days to respond. Time is of the essence. Consider hiring a debt defense lawyer on a flat fee.

    My comments are not legal advice and are for informational purposes only.
  2. James B. Heston

    Pro

    Contributor Level 11

    3

    Lawyers agree

    Answered . Here is some info that may be helpful in your situation.

    SMALL LAWSUITS ARE COMMON NOW: These days, it is very common for credit card companies (or debt buyers companies that purchase the accounts from credit card companies) to file lawsuits over relatively small amounts.

    DON'T IGNORE THE LAWSUIT: If you ignore the lawsuit, it will almost certainly result in a judgment against you. And the judgment will be for more than the amount of the debt, because they will add interest, court costs, and legal fees to the debt amount. So a $2500 debt could result in a judgment for $3500, or even more.

    WHAT THEY CAN DO WITH A JUDGMENT: If they get a judgment against, you they can garnish your bank account. They can't garnish your paycheck, but once the funds hit your bank account, they can be taken. Also, with a judgment, they can file lien papers that will cloud the title to your home. Technically, there are numerous other things they can do (take) with a judgment, but bank account garnishments and property liens are far and away the most common judgment collection tactics.

    YOUR OPTIONS: You can either (1) fight the lawsuit or (2) file bankruptcy. Fighting the lawsuit costs a lot less, and, unless you have a bunch of other debt, makes more sense than filing bankruptcy.

    DEBT DEFENSE SPECIALISTS: Debt defense law firms, like mine, specialize in fighting your type of lawsuit. It is often possible to get your lawsuit dismissed, and if we get your lawsuit dismissed, then you don't have to pay them anything. My law firm has successfully defeated thousands of debt lawsuits all across the state.

    ADDITIONAL INFO NEEDED: If you want to give me a little more info on your lawsuit, I can give you a pretty good idea of your chances of defeating the lawsuit.

    Creditor: What is the name of the creditor that is suing you?

    Law Firm: What is the name of the law firm that filed the lawsuit?

    Case Number/Court: What is the case number for your lawsuit? And what court is the lawsuit in?

    Please message me back with this information or if you have any follow up questions.

    Good luck.

  3. Benjamin Kirke Sanchez

    Contributor Level 12

    3

    Lawyers agree

    Answered . Sometimes the original creditor sells the debt to another company, which may explain why you haven't heard of the creditor suing you.

    As usual, this answer does not constitute official legal advice and does not create an attorney-client... more
  4. Pamela L. Stewart

    Contributor Level 11

    Answered . What is your question? You haven't provided enough information for anyone to provide you an answer other than what I am writing.

  5. Leroy Brenardo Scott

    Pro

    Contributor Level 11

    Answered . Do not ignore the lawsuit. You must file a written. In Texas, when if you breach a contract, the other party to the contract has 4 years to sue you. You breached your credit card contract the first day you did not make a payment as required by the contract. If you did not make any other payment for 4 years, then you cannot be sued anymore. (Well technically you can be sued, but you will have a defense; you have to speak up because no one will know that the 4 years passed if you don't say anything.)

    If "several years" is more than 4 years since your last payment, you might have a limitations defense. In your answer to the lawsuit, make sure to state that you are asserting a limitation defense because the debt is too old. It might be a bit tricky to determine if the limitation period has run and so you might not be completely sure. However, you can figure that out later.

    I hope this information answers your question. If you need more information, simply add a comment or call me. Good... more

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