Sued For Debt in Texas
Thousands of Texas consumers are sued by debt purchasers or credit card companies every month. The statistics show that approximately 90% of consumers do not even respond to the lawsuit and this is about the worst thing you can do because the end result is a judgment. A judgment can last for 10 years and can be renewed.
With a judgment, a creditor may be able to cloud title on your homestead and garnish the money in your bank account. They can also seize all non-exempt property that you own and sell the property to pay off the judgment.
It is strongly advised that you hire an attorney to defend any credit card collection lawsuit in Texas. At Weston Legal, we have defended over thousands of credit card lawsuits and we charge flat fees to defend them. We accept payment plans, often for as low as $250.00 per month. Be sure to read our testimonials from former satisfied clients.
Below is an example of the steps involved with a credit card lawsuit in Texas.
Service of process
First you have to be served with the lawsuit. Usually the creditor will hire a private process server to accomplish this. The process server will usually hand deliver the lawsuit to you. If they are unable to find you, they may get a court order to just leave it on the door of your last known address.
It is not recommended to “dodge service” because this is actually a criminal offense if done intentionally. Additionally, you do not want to have the server simply leave it on your door step because you may not see it in time to file an answer.
After you have been served you need to file a written answer with the court and serve a copy of your answer to the opposing attorney. Generally you will be denying the lawsuit with the answer and demanding that the creditor prove the case against you.
If you do not file an answer by the due date, a default judgment will likely be entered against you.
Request for Admissions
Usually creditors include “Request for Admissions” along with the lawsuits. You must respond to these questions in writing one by one and within the time allowed by law or they will be automatically admitted pursuant to the Texas Rules of Civil Procedure.
The Discovery Process
You can request that the creditor produce their documents against you. This can be done with a “Request for Production”. The creditor often sends this same request to you and you have to respond within the timelines and do so pursuant to the rules.
Motion for Summary Judgment
If you try to defend the case yourself, most creditors will file a motion for summary judgment against you. This motion must be responded to in writing and in the proper format. Many consumers lose at this stage of the lawsuit if they tried to defend the case themselves. If you started to defend the lawsuit but you are now faced with a Motion for Summary Judgment, IT IS NOT TOO LATE TO CALL US.
If you survive the summary judgment stage, the case is set for trial before a judge. If you defend the case by yourself, most judges will expect you to know the Texas Rules of Civil Procedure and they will not guide you through the process. It is HIGHLY recommended to hire an attorney to fight a collection lawsuit in Texas.
Do not let a Texas credit card lawsuit end up with a judgment. CALL NOW if you have been sued for debt in Texas.
Other Related Articles by Michael W. Weston:
- Top Consumer Myths about debt purchaser lawsuits
- Sued for Debt in Texas
- Service of Process in Texas
- How to Answer a Summons in Texas
- Default Judgments in Texas
- Statute of Limitations for Debt in Texas
- Motion for Summary Judgment in Texas
By: Texas Credit Card Lawsuit Defense Lawyer - Michael W. Weston
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