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SuedCreditCard.com » Sued For Credit Card Debt in a Texas Court
– Now What?
Credit Card Lawsuits in Texas
Sued For Credit Card Debt in a Texas Court – Now What?
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 both original creditor
lawsuits and
debt buyer lawsuits.
Or, you can call or
contact us through this website for a free consultation.
If we accept your case, we will quickly calculate your
answer due date and quote you a flat attorney fee to
defend you. If you hire us, we will make the initial
court appearance on your behalf by filing the
appropriate documents and we will do our best to make
sure that you never have to go to court – over 99% of
our clients never do. And while we cannot guarantee you
a result or outcome, we can promise you that we will do
our best to defend your case. If you would like to see
some of our past results, please click
here. You can
learn more about our fees by clicking
here. |
