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Houston Credit Card Lawsuit Defense Attorney

Sued by a Credit Card Company or Debt Buyer in Texas? You Have Options.

Being served with a credit card lawsuit can be stressful—especially when the plaintiff is a major bank, collection company, or debt buyer with attorneys handling these cases every day. But receiving a lawsuit does not automatically mean the creditor is entitled to everything it is demanding.
The Law Office of Kenneth W. Smith helps Houston-area consumers understand their rights and defend against credit card debt lawsuits. We examine the creditor’s allegations, the history of the account, the evidence supporting the claimed balance, and whether the party suing you can establish its right to recover the debt.
If you have been sued over a credit card account, do not assume that ignoring the case will make it disappear. There are deadlines for responding to a lawsuit, and failing to respond can put you at risk of a default judgment.
Talk to a Houston credit card lawsuit defense attorney about your situation and learn what options may be available.
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What Happens When a Credit Card Company Sues You in Texas?

The plaintiff may be the original credit card issuer, or the account may have been sold or transferred to a debt buyer that is now attempting to collect it.
Depending on the circumstances, the lawsuit may seek the alleged account balance along with interest, court costs, attorney’s fees, or other amounts claimed to be recoverable.
Receiving court papers does not mean the creditor has already won.
The plaintiff must establish its claim under the applicable law and court rules. A defendant also has the opportunity to respond and raise defenses that may apply to the particular case.
The first step is determining who is suing you, what they claim you owe, what evidence supports the claim, and when your response is due.

Do Not Ignore a Credit Card Lawsuit

One of the most damaging mistakes a consumer can make after being served is putting the papers aside.
A credit card lawsuit has court deadlines. If you fail to properly respond, the plaintiff may seek a default judgment.
Once a judgment exists, the situation can become considerably more complicated.
That is why it is important to have the lawsuit reviewed as soon as possible rather than waiting until after a judgment has been entered.
If you recently received a citation, petition, or other court papers involving credit card debt in Houston or elsewhere in Texas, contact the Law Office of Kenneth W. Smith promptly.

How We Defend Credit Card Debt Lawsuits

No two debt cases are exactly the same. An effective defense begins by examining the specific allegations and evidence rather than simply assuming that the amount claimed by the creditor is correct.
Depending on the facts of the case, our review may include:

Does the Plaintiff Have the Right to Sue?

Credit card accounts are frequently transferred or sold.

When a debt buyer files a lawsuit, an important issue may be whether it can establish that it owns the particular account it is attempting to collect.

The documentation surrounding the assignment and ownership of the account may therefore be important.

Can the Creditor Prove the Amount Claimed?

The amount listed in a lawsuit should not simply be accepted without examination.

Account statements, payment history, interest, fees, credits, charge-offs, and other records may need to be reviewed to determine how the plaintiff calculated the amount it says is owed.

Were Debt Collection Laws Violated?

Consumers may also have protections under federal and Texas debt collection laws.

Depending on who is collecting the debt and the circumstances involved, collection conduct may be governed by laws such as the Fair Debt Collection Practices Act (FDCPA) and applicable Texas debt collection laws.

Potential issues can include deceptive representations, prohibited collection practices, improper fees, harassment, or attempts to take legal action on debt that is no longer legally enforceable through a lawsuit.

Whether these protections apply depends on the facts and the identity of the party collecting the debt.

Defending Lawsuits Filed by Debt Buyers

Many consumers are surprised to discover that the company suing them is not the bank that originally issued their credit card.

Past-due accounts may be sold to companies that purchase portfolios of consumer debt. Those companies may later attempt to collect the accounts or file lawsuits.

A debt buyer lawsuit should still be evaluated on its own evidence.

Among the issues that may require examination are:

  • Whether the plaintiff can establish ownership of the specific account
  • Whether the documentation connects the defendant to the account
  • Whether the balance claimed is adequately supported
  • Whether account records are admissible
  • Whether assignments or transfers are properly documented
  • Whether the lawsuit was filed within the applicable limitations period
  • Whether the plaintiff complied with applicable Texas procedural requirements

The fact that a company purchased an account does not eliminate its obligation to establish its claim in court.

Who May File a Credit Card Lawsuit?

Credit card litigation in Texas can involve many different types of plaintiffs.

You may be sued by an original creditor such as a bank or credit card issuer. In other cases, the plaintiff may be a collection company or debt purchaser that acquired the account after it became delinquent.

Regardless of the plaintiff’s size or resources, you have the right to respond to the lawsuit and require the plaintiff to establish its claim.

The Law Office of Kenneth W. Smith can review the petition and supporting documents to determine what issues may exist in your particular case.

Why Work With a Houston Credit Card Lawsuit Defense Lawyer?

Debt collection litigation involves more than asking whether a person once had a credit card.

These cases can involve Texas procedural rules, evidence, contractual issues, debt assignments, statutes of limitations, federal consumer protection laws, and Texas debt collection laws.

Working with an attorney allows you to understand what the plaintiff must prove and what defenses or resolution strategies may apply to your case.

The Law Office of Kenneth W. Smith represents consumers facing debt litigation and provides individualized legal guidance based on the facts of each matter.

Our objective is straightforward: protect your rights, examine the creditor’s case carefully, and pursue an appropriate strategy for resolving the lawsuit.

Speak With a Houston Credit Card Lawsuit Defense Attorney

If you have been served with a credit card lawsuit in Houston or elsewhere in Texas, contact the Law Office of Kenneth W. Smith to discuss your situation.

Bring or send us the citation, petition, account information, collection letters, and any other documents you have received. The sooner the case is reviewed, the more time there may be to determine the appropriate response.

Do not ignore the lawsuit. Understand your rights and your options.

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    Kenneth W Smith

    Founder