At The Page Law Firm, our Frisco credit card lawsuit defense attorney is an experienced, effective advocate for clients. Our law firm is devoted to helping people solve financial problems and secure their future. If you are being sued by a credit card company or a debt collector, we are here to protect your rights and help you find the best path forward. To set up a strictly confidential initial appointment with a Texas credit card lawsuit attorney, please call our Frisco law office at (214) 618-2101 or connect with us directly through our website.
What to Do if You are Being Sued for Credit Card Debt in North Texas
Are you struggling with credit card debt? If so, you are certainly not alone. According to a recent report from CNBC, the collective credit debt held by Americans hit a record high $930 billion in May of 2022. Many people are struggling to make credit card payments. Many credit card companies quickly send delinquent accounts to debt collectors. A debt collector may file a lawsuit—even if there are questions about the validity of the debt. You need to know how to protect rights if you are being sued over a credit card. Here are three steps to take if you are being sued by a credit card company or debt collector in Texas:
- Do Not Ignore the Lawsuit: Ignoring a credit card lawsuit is a mistake. If you ignore the lawsuit, the debt collector is likely to obtain a default judgment. In effect, this means that they prevail in court without you having an opportunity to raise any defense. A credit card company or debt collector may try to freeze your bank accounts to collect on a default judgment.
- Get Yourself Organized: Proper organization is one of the keys to defending any lawsuit. A credit card lawsuit is no exception. Gather all relevant documents and records that you have related to the credit card account, credit card debt, and the lawsuit. The more details you have, the better position you will be in to raise a defense.
- Contact a Texas Credit Card Defense Lawyer: Credit card lawsuits are complicated. You do not have to go up against debt collectors alone. A top North Texas credit card litigation defense attorney will be able to review the specific circumstances of your case and gather all of the documents, records, and information that you need to raise a strong defense.
An Overview of Defenses in a Credit Card Lawsuit
There are a number of different legal defenses that can potentially be raised in a credit card debt lawsuit. Which defenses could apply to your case depends on the specific circumstances. An attorney can help you evaluate defenses. Some notable examples of defenses that could be raised by a consumer facing a credit card debt lawsuit include:
- Statute of Limitations: Credit card debts are subject to a four year statute of limitations in Texas. A credit card company or debt collector cannot recover on a time-barred debt.
- Lack of Standing: Are you being sued by any party other than the original creditor? If so, they must have proper legal standing to do so. Lack of standing is a potentially viable defense.
- No Validation of the Debt: In filing a lawsuit for credit card debt, a credit card company or debt collector must be able to validate the debt. If they cannot do so, their case must be dismissed.
- Payment: Payment is a valid defense in a credit card lawsuit. If you have already paid a significant part of the debt—potentially all of it—you may have a strong defense against a lawsuit.
- Prior Discharge in Bankruptcy: A credit card debt can be defended based on a valid discharge through the bankruptcy process.
You May Have a Counter Claim Against a Debt Collector
Beyond raising legal defense against a credit card debt lawsuit, you may also have a counterclaim against a debt collector. A federal law known as the Fair Debt Collection Practices Act (FDCPA) regulates the conduct of debt collection agencies. If a company violates FDCPA, they can be held legally liable for statutory damages. Some notable FDCPA violations include:
- The use of abusive debt collections practices;
- Improperly sharing information about debts with third parties; and
- Making material misrepresentations in an effort to collect on a debt.
How Our Frisco, TX Credit Card Lawsuit Attorney Can Help
Facing a lawsuit over credit card debt is stressful. It is normal to feel confused and as though you have limited options. Please remember: You have the right to defend yourself. A default judgment will only make things more challenging. Our founding attorney Théda Page defends consumers against credit card lawsuits. When you get in touch with our Frisco law office, you will have an opportunity to consult with a Texas credit card debt defense attorney who can:
- Conduct a comprehensive and confidential review of your case;
- Investigate the credit card lawsuit—gathering all relevant financial records;
- Help you evaluate every defense, including potential counterclaims; and
- Take aggressive action to protect your financial interests.
Debt collectors are notoriously aggressive. Sadly, some even use underhanded and unlawful practices that violate your rights protected by the FDCPA to try to collect on alleged credit card debt. You do not have to take on a credit card lawsuit alone. Our North Texas credit lawsuit defense lawyer provides personalized legal guidance and support to every client. We encourage you to hear what our clients have to say and to reach out to us directly with any specific questions about defending a credit card lawsuit.
Call Our Texas Credit Card Lawsuit Lawyer for Immediate Help
At The Page Law Firm, our Frisco credit card lawsuit defense attorney is an experienced, solutions-driven advocate for people and families. Are you being sued for credit card debt? We are here to defend your interests and protect your rights. Give us a phone call at (214) 618-2101 or connect with us directly online to set up a completely confidential, no obligation consultation, From our Frisco law office, we represent consumers in credit card lawsuits throughout North Texas.