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Sued by a Debt Collector in Texas? Don’t Panic. Fight Back.
It’s a moment that can fill anyone with dread: a knock on the door from a process server, or receiving a certified letter containing an official-looking document. You’ve been served with a lawsuit. A debt collector or a credit card company is suing you, and the legal language is confusing, the deadline is intimidating, and the threat of a judgment is terrifying.
Your first instinct might be to ignore it and hope it goes away. This is the single most costly mistake you can make.
In Austin and across Central Texas, debt collectors file thousands of these lawsuits every year, counting on the fact that most people will do nothing. When you don’t respond, they win automatically. But you have rights, and more importantly, you have defenses.
I am an Austin-based debt defense lawyer, and I represent everyday Texans who find themselves targeted by aggressive creditors and debt buyers. A lawsuit is not the end of the story; it is the beginning of a fight. My practice is dedicated to defending you in that fight.
You’ve Been Sued. The Clock is Ticking.
The documents you received are likely a Citation and a Petition. The Citation is the official notice from the court that you are being sued. The Petition is the document that outlines who is suing you and why.
In Texas, the deadline to respond is extremely specific and unforgiving. You must file a formal, written Answer with the court.
If you fail to file a proper Answer by this deadline, the company suing you can ask the court for a Default Judgment. A default judgment is a court order stating that you automatically lose. The debt collector can win the full amount they asked for, plus interest and attorney’s fees, without ever having their case opposed.
With a default judgment in hand, a creditor can then seek to:
- Freeze and garnish your bank account
- Seize certain non-exempt personal property
- Place a lien on real estate you own
- Damage your credit report
Ignoring the lawsuit guarantees you will lose. Responding with an experienced attorney gives you the power to fight back.
Who Is Suing You? Understanding the Players
Often, the company suing you isn’t the one you originally owed money to. Your original creditor (like Capital One, Chase, or a local hospital) may have sold your old, charged-off account to a third-party debt buyer for pennies on the dollar.
These debt buyers are some of the most aggressive plaintiffs in Texas courts. You may recognize their names:
- Midland Funding, LLC / Midland Credit Management
- Portfolio Recovery Associates (PRA), LLC
- LVNV Funding, LLC
- Cavalry SPV I, LLC
- Jefferson Capital Systems, LLC
The business model of these companies relies on filing thousands of lawsuits and winning by default. Their weakness, however, is their evidence. Because they bought the debt secondhand, they often have incomplete records, missing documents, and a difficult time legally proving that they have the right to sue you at all. This is where we can build a powerful defense.
Building Your Defense: How We Fight Debt Lawsuits in Texas
When a debt collector sues you, the burden of proof is on them. They must provide legally admissible evidence to prove their case. As your attorney, my job is to challenge them at every step. Many of these cases can be won based on strong legal defenses.
Defense 1: The Statute of Limitations
In Texas, there is generally a four-year statute of limitations for a creditor to sue on a debt. The clock usually starts ticking from the date of your last payment or the date the account went into default. If they file a lawsuit after this four-year window has closed, the debt is considered “time-barred,” and we can ask the court to dismiss the case entirely. Debt buyers often sue on old “zombie debt,” hoping you don’t know about this critical deadline.
Defense 2: Lack of Standing
This is one of the most effective defenses against debt buyers. “Standing” is a legal term meaning the right to bring a lawsuit. To have standing, the debt buyer must prove that they now have the legal right to collect it. This requires a complete chain of title—documentation showing every time the debt was sold. Often, they cannot produce this unbroken chain, and without it, their case fails.
Defense 3: Inadmissible or Incomplete Evidence
Debt collectors often try to prove their cases with simple affidavits or a few account statements. This is frequently insufficient under the Texas Rules of Evidence. We can challenge the authenticity of their documents, argue that their records are inadmissible hearsay, and expose the gaps in their evidence. We force them to prove their case according to the strict rules of law, which they often cannot do.
My Process: A Strategic Defense for Every Client
When you hire me to defend your lawsuit, I immediately begin executing a proven legal strategy designed to protect you and challenge the plaintiff.
File a Timely and Proper Answer: The first and most critical step is filing a formal “Original Answer” with the court on your behalf. This prevents a default judgment and tells the plaintiff that you will not be a pushover.
Challenge the Plaintiff with Written Discovery: I will serve the plaintiff’s attorneys with formal legal questions and demands for documents, known as “discovery.” This forces them to produce the evidence they have (or don’t have). This pressure often reveals the fatal flaws in their case.
Negotiate from a Position of Strength: Once the plaintiff knows they are facing a skilled legal opponent who will challenge them in court, their position weakens. This opens the door for aggressive negotiation.
Represent You in Court: If a favorable settlement cannot be reached, you will have an experienced litigator by your side in the Travis County Justice of the Peace (JP), County Court, or District Court. I will be prepared to argue your case, cross-examine their witnesses, and fight for a verdict in your favor.
Frequently Asked Questions About Texas Debt Lawsuits
Can a debt collector garnish my wages in Texas?
For common consumer debts like credit cards or medical bills, the answer is no. The Texas Constitution protects your wages from being garnished to pay these types of debts. Do not let a collector threaten you with wage garnishment.
What if a default judgment was already entered against me?
You may still have options, but time is absolutely critical. Depending on the circumstances, it may be possible to file a Motion to Set Aside Default Judgment or a Restricted Appeal to have the judgment vacated. You must contact an attorney immediately.
Is bankruptcy my only option?
Absolutely not. For many people, a strong legal defense is a far better and less drastic solution than bankruptcy. We can often defeat the lawsuit or settle the debt for an affordable amount, preserving your assets and financial future.
An Austin Lawyer Ready to Defend You
Receiving a lawsuit is not a final verdict; it is an accusation. You have the right to challenge that accusation and demand that the plaintiff prove their case. Don’t let a debt buyer intimidate you into submission.
Contact my Austin law office today for a confidential consultation. Let’s discuss the specifics of your case and build a strategy to protect your rights, your finances, and your peace of mind.