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Served With a Texas Credit Card Lawsuit - Now What?

Posted by attorney Tom Thomas

If you are reading this because you have recently been served with a credit card summons or citation from a Texas lawsuit, you probably know by now that the clock is ticking. You are obligated to make an appearance in the lawsuit within a certain period of time, usually by 10:00AM on the Monday following the expiration of 10 or 20 days from the day you were served, depending on whether or not you were sued in a small claims court (10 days), justice court (10 days), county court at law (20 days), or a judicial district court (20 days). Understandably, it is not a great situation to be in and you may be very upset. Here is some good news – you have options. Let’s examine a few:

You can do nothing. If you choose this option, the credit card attorneys that sued you will probably file a motion for default judgment against you and obtain a default judgment. This is a final and enforceable judgment and is no different than going to trial and losing – only you lose automatically without making the debt collector actually prove its case and without knowing if the credit card company (or debt buyer) suing you actually could have proven the case if properly challenged. This is not a good choice. If you choose this option, you need to know that your bank accounts could be frozen and depleted in a garnishment action in the future and that the judgment will likely show up on your credit report as a public record.

You can defend the lawsuit by yourself. If you do and you plan on fighting it out, you should know that at the end of the day, there is a very good chance that you will end up joining the group that ignored their lawsuits and will probably have a judgment entered against you as well. The reality is that the credit card companies and their credit card lawyers know that they can probably trick you into losing automatically by using confusing written discovery and summary judgment strategies that require formal, precise legal responses by certain deadlines. If you are not extremely familiar with the Texas Rules of Civil Procedure, the Texas Rules of Evidence, and the relevant case law and have never defended a credit card lawsuit before, you are a perfect target.

You can hire a lawyer who doesn’t focus on Texas credit lawsuits. If you do, you will probably be told that your case is hopeless and that you should plan on settling and that if you do not reach a settlement, you will probably lose the lawsuit. This seems to be common in most consumer debt cases.

Or, you can call or contact a Texas credit card lawsuit defense attorney who is familiar with defending credit card lawsuits and instantly improve your odds of obtaining an outcome that you will be happy with.

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