Texas Credit Card Lawsuit Defense Attorney

Are You Being Sued for Credit Card Debt in Texas? We Can Help

Are you being sued for credit card debt in Texas? We understand that facing a credit card lawsuit can be overwhelming. However, you may have more legal options than you think to resolve it. Do not hesitate to contact our Texas credit card lawsuit defense attorney about how you can put the lawsuit behind you. 

At Warren & Migliaccio, we defend individuals all over Texas who are facing debt lawsuits. We have extensive experience and success defending people in credit card debt lawsuits initiated by credit card companies, debt buyers, and debt collectors. During a consultation, we can help you understand your potential legal options for moving forward.

Do Not Ignore a Credit Card Lawsuit in Texas

One of the most critical pieces of advice we offer to individuals facing a Texas credit card lawsuit is never to ignore it. After you have been served with a credit card debt lawsuit, you have a deadline to respond to the court summons. Your deadline is typically between 14 and 20 days, depending on the court where the lawsuit was filed.

Unfortunately, ignoring a lawsuit does not make it disappear. The creditor is counting on you to ignore it. Failure to respond can lead to a default judgment against you, which means the credit card company or debt collector automatically wins the case.

A default judgment grants the plaintiff, or the person or entity suing you, the legal right to collect the total debt. It may also be entitled to interest, court costs, and attorney’s fees. You can then expect it to take further action to recover the debt from you, such as by garnishing your bank accounts or seizing non-exempt property. 

How a Credit Card Lawsuit Attorney in Texas Can Help You 

After being served with a credit card lawsuit, our attorneys can help you every step of the way to resolve your case. Even if you decide to represent yourself, there are benefits to consulting with an experienced Texas credit card lawsuit attorney. During a consultation, you can count on us to help you in the following ways:

• Answer your legal questions about the lawsuit
• Review the allegations against you
• Discuss your legal rights and obligations under the law 
• Discuss your legal options based on your situation
• Offer guidance about protecting yourself from a default judgment

If you choose Warren & Migliaccio for your credit card lawsuit defense, we take immediate action to avoid a default judgment and protect your best interests. We will evaluate the validity of the lawsuit to develop a defense strategy and determine if there is strong evidence to request a case dismissal. We will also file a prompt response to the lawsuit, called an Answer, with the appropriate court.

Our team can help you understand your legal options for resolving the case so you can decide how to move forward. Then, we will handle the entire process on your behalf, representing and defending you through the resolution of your case. 

We Defend Individuals Against Credit Card Debt Lawsuits Across Texas

At Warren & Migliaccio, we defend individuals against credit card lawsuits throughout the entire state of Texas. We have extensive experience and a strong track record of success in defending Texans against large creditors and debt collectors.

No matter where you are located in Texas, we are committed to helping you achieve the best possible outcome for your case. Some of the cities we serve include, but are not limited to:

What Are My Legal Options if a Credit Card Company Sues Me in Texas?

Your options for resolving a credit card lawsuit will depend on your financial situation and the strengths and weaknesses of the creditor’s case. However, generally, your options for resolving a credit card lawsuit include: 

• Challenging the lawsuit. When you file an Answer to a credit card lawsuit, you put the burden of proof on the plaintiff to establish the validity of the debt, that it owns the debt, and that it has the right to collect it. Because of the plaintiff’s burden of proof, one or more defenses to a credit card lawsuit may apply to your case. Successfully challenging the lawsuit may lead to case dismissal, a more favorable settlement, or a strong defense if the case proceeds to court.
• Settling the case out of court. Negotiating a settlement with the plaintiff may be in your best interest if you acknowledge the debt and the creditor or debt collector can prove it owns and has the right to collect it. Credit card companies and debt collectors are often open to settlement negotiations to avoid the time, costs, and uncertainty of litigation. In many cases, we can negotiate a lower settlement than the claimed amount of debt or arrange a payment plan that works for you.
• Filing for bankruptcy. If your debt is too much to handle, filing for bankruptcy might be a viable option. Bankruptcy can stop the lawsuit and other collection efforts through an automatic stay. You may be able to discharge the credit card debt through Chapter 7 or Chapter 13 bankruptcy.

An experienced Texas credit card lawsuit defense lawyer can help you understand your best legal options for your unique situation. Do not hesitate to reach out to us for help with your lawsuit. 

Credit Card Lawsuit Defense Resource Guides

Our law firm has created a series of resource guides about credit card lawsuits filed by individual creditors, debt buyers, debt collectors, and debt collection law firms. These guides can give you more insight into who is suing you and steps to take to protect yourself from a default judgment and resolve the case.

Resource Guides by Creditor

• American Express Company
• Bank of America, N.A.
• Citibank, N.A.
• Capital One
• Conn Appliances, Inc.
• Discover Bank
• Goldman Sachs Bank USA
• JPMorgan Ch
• Nebraska Furniture Mart, Inc.
• OneMain Financial Group, LLC
• PNC Bank, N.A.
• Synchrony Bank
• TD Bank, USA, N.A.
• Wells Fargo Bank, N.A.
  

Resource Guides by Debt Buyer or Debt Collector

• Absolute Resolutions Investments, LLC
• Cavalry SPV I, LLC
• Credit Corp Solutions Inc 
• First Portfolio Ventures II, LLC
• Galaxy International Purchasing, LLC
• Integras Capital Recovery, LLC
• Jefferson Capital Systems, LLC
• LVNV Funding, LLC
• Midland Funding, LLC
• NCB Management Services, Inc.
• Persolve Legal Group LLP
• Portfolio Recovery Associates, LLC
• Velocity Investments, LLC
  

Resource Guides by Debt Collection Law Firm

Debt collection law firms work for credit card companies and debt buyers to pursue consumer debts. In Texas credit card lawsuits, we often see the following law firms bring the lawsuits: 

• Couch Lambert, LLC
• Jenkins & Young, P.C.
• Javitch Blog, LLC
• Johnson Mark, LLC
• Moss Law Firm, P.C.
• Rausch Sturm LLP
• Scott & Associates, P.C.
• Suttell and Hammer, P.S.
• Zwicker & Associates, P.C.
  

What If I Already Have a Default Credit Card Judgment in Texas?

You may still have legal options if there is already a default judgment against you. You should contact a Texas credit card lawsuit defense attorney as soon as possible to discuss your options. 

For example, if the judgment is recent, you may be able to file a Motion to Set Aside Default Judgment with the court. This motion requests the judge to cancel the default judgment due to a lack of notice of the lawsuit or hearing or an accident or mistake on your part rather than intentional indifference. 

Outside of court, you may be able to negotiate a settlement with the creditor or debt collector. Additionally, filing for bankruptcy might be a viable option if your debt is too overwhelming. Bankruptcy could discharge the debt associated with the default judgment and help to provide a fresh financial start. 

Frequently Asked Questions About Credit Card Lawsuits in Texas

Below, our Texas credit card lawsuit lawyers have answered some of the most common questions we get from clients. If you have questions about being sued for credit card debt in Texas, do not hesitate to schedule a case evaluation with our firm. We are happy to answer your legal questions and review the claims against you during a consultation. 

Can Your Bank Account Be Frozen for Credit Card Debt in Texas?

Your bank accounts and savings accounts can be frozen and garnished for credit card debt in Texas. However, this may only occur after a creditor or debt collector wins a judgment against you. A judgment gives the creditor the legal right to collect the debt. 

Then, the process for freezing a bank account involves the creditor obtaining a court order, called a writ of garnishment. A writ of garnishment instructs your bank to freeze and seize any non-exempt assets in your account and send them to your creditor to satisfy the debt. 

Can a Credit Card Company Garnish Your Wages in Texas?

In Texas, a credit card company generally cannot garnish your wages for credit card debt. Wage garnishment is only allowed for certain obligations, such as child support, spousal maintenance, federal student loan debt, and unpaid taxes.

However, a credit card company with a judgment against you can seek bank garnishment. Bank garnishment involves a court order to your bank to freeze and seize your non-exempt assets to repay your debt. Once you deposit your paycheck into your bank account, that money is no longer protected and can be garnished.

Additionally, if a credit card company obtains an out-of-state judgment against you where wage garnishment for credit card debt is permitted, it may be able to enforce the judgment in Texas. 

Can You Go to Jail for Credit Card Debt in Texas?

You cannot go to jail in Texas for owing or failing to pay credit card debt. Owing credit card debt is not a criminal matter. Under the Fair Debt Collection Practices Act (FDCPA), creditors and debt collectors cannot threaten criminal prosecution as a collection tactic. Additionally, the Texas Constitution prohibits imprisonment of any person for a debt.

How Long Can a Credit Card Company Sue You in Texas?

The statute of limitations for credit card debt in Texas is four years. A credit card company or debt collector has four years from the breach of contract date to file a lawsuit for unpaid credit card debt. The debt is considered time-barred after this period. While a creditor can use other collection efforts to obtain the debt, it cannot file a lawsuit against you.

More Resources About Credit Card Debt Lawsuits in Texas

• How to Know You Are Being Served With a Lawsuit
• How to Respond to a Court Summons for Credit Card Debt
• Steps to Take When a Credit Card Company Sues You
• How to Get a Debt Collection Lawsuit Dismissed
• How to Settle Credit Card Debt Before Going to Court
• Strategies to Settle Credit Card Debt
• How to Win a Debt Collection Lawsuit

Schedule a Consultation With Our Credit Card Lawsuit Defense Attorney in Texas

Are you facing a Texas credit card debt lawsuit? You likely have more legal options than you think to resolve it. Schedule a consultation with one of our experienced Texas credit card lawsuit attorneys. 

During a consultation, we are happy to review the claims against you and discuss your next steps to protect yourself from a default judgment. We can also discuss your potential legal options for resolving the lawsuit.

At Warren & Migliaccio, we work toward obtaining the best possible outcomes for our clients. Whether you are considering fighting the lawsuit, negotiating a settlement, or exploring other debt-relief options, we are here to help every step of the way. Call us at (888) 584-9614 or contact us online, and we will contact you soon.