Credit Card Lawsuit
If yes, the following information can help you:
- First, you must be served with the lawsuit. Texas Law mandates that you be served with the credit card lawsuit, before the lawsuit can proceed.
- A sheriff or a deputy or process server must hand you the credit card lawsuit. The officer must go to your home or place of business or find you and serve you with the lawsuit. If, you cannot be served with the papers then the suit cannot go forward, unless the credit card company petitions the court for permission to serve you by some other method, such as by certified mail or attaching the lawsuit to your door or by publication.
- It is theoretically possible that you can “get served” without ever getting the lawsuit. If it gets attached to your door and it blow always. It is possible that you are still considered “served” even though you never received the lawsuit.
- You only have about 2 to 3 weeks to file your Answer. If it was filed in Justice Court, (“JP Court” or “Small Claims Court”), you have 14 calendar days to file your Answer. In County and District Courts, you have 21-27 days to file your Answer. To determine your deadline, count forward 20 calendar days from the date you get served and then go to the first Monday.
- If you never file your Answer on time, they can get a Default Judgment against you, so hurry.
- If a default judgment is obtained against you at any time, then you lost, and they have a judgment against you for the full amount of the debt plus interest, court costs, and legal fees.
- If you file your Answer on time, you will get a court date.
- If you file your Answer, then the court will schedule a trial (“court date”).
- You may need to do go thru “Discovery” or depositions.
- “Discovery” is the term for obtaining information and documents from the other parties involved in the lawsuit.
- If you DONT get a debt collection attorney, then you will have to represent yourself in court.
- If you represent yourself, odds are you will lose.
- Believe it or not, it is possible to win. Call us and allow us to explain why and how to you for free. Contact us to schedule a free consultation.