Our Texas credit card lawsuit attorneys square up to the high-volume credit card lawsuit industry
Most Debt Lawsuits in Texas Stem From Unpaid Credit Cards
Though credit card debt is not secured like a home mortgage or car loan, a credit card lawsuit is like any other civil litigation. If a judgment is entered against you, the plaintiff could garnish your checking and savings accounts or seize your nonexempt property.
It is critical for the defendant to file an answer in a credit card lawsuit. When no answer is filed, the plaintiff can easily win a default judgment. The plaintiff’s burden of proof becomes much higher when the defendant has made an appearance in the case and the matter is set on the court’s contested trial docket. Due to the high-volume nature of credit card actions, plaintiffs are many times unable to produce the documents required to win in court, which can result in a trial outcome favorable to the defendant.
Credit card lawsuits come in different shapes and forms
It is usually easy to identify a lawsuit for a standard credit card agreement because the bank or credit agency is listed as the Plaintiff in the lawsuit. Lawsuits pertaining to a store or retail card are sometimes more difficult to recognize. Retail accounts issued by a third party bank servicer may not list the name of the store in the lawsuit caption. Even more challenging to pin down are debt buyer credit card lawsuits where the named Plaintiff is in no way associated with the original creditor. Because credit card lawsuit petitions often do not include statements identifying the account being sued for, document exchange with the Plaintiff is critical. Our Texas credit card lawsuit attorneys obtain valuable information in order to properly respond to and defend our clients.
Statute of Limitations in Texas credit card lawsuits
The statute of limitations for a credit card lawsuit in Texas is four years, but determining the statute of limitations deadline is not necessarily clear-cut. Many complexities, such as the date of filing of the lawsuit, the date of service of process, and even the Plaintiff’s chosen cause of action can affect the calculation. We thoroughly navigate credit card lawsuits on behalf of our clients to ensure that all necessary affirmative defenses are properly pursued.
Settling a credit card lawsuit can be a good thing
Due to the high volume nature of the credit card collections industry, there are many instances where the plaintiff is not able to produce required documentation in time for trial. This may result in a dismissal before trial or a take-nothing judgment in favor of the defendant in court. Our attorneys utilize decades of experience in defending credit card lawsuits to develop a case-specific course of action for each of our clients. In instances where settlement of a credit card lawsuit is recommended over defending the case at trial, we work tirelessly to lock in repayment arrangements that fit into our clients’ monthly budgets. This protects against post-judgment collection enforcement such as bank garnishments, receiverships, and post-judgment discovery.
Contact an accomplished Texas debt defense lawyer to set up a free consultation
Tom Thomas Legal, P.C. defends Texas residents who have been targeted by creditors and collection agencies. Starting with a free consultation, we can review your situation and outline your legal options. Our firm serves clients across the state from offices in Dallas, Houston, Austin, San Antonio, El Paso and Fort Worth. Please call 855-898-3328 or contact us online for an appointment.
