Getting sued by American Express in Texas can feel scary and humiliating, especially when you’re not sure what the papers mean or what happens next. You’re not alone—and you still have options. With the right steps, you can protect yourself, reduce the risk of serious consequences, and regain control of the situation.
Have you been notified that American Express is suing you? We understand you may not know how to defend yourself—or what steps to take next. Below, our North Texas debt defense attorneys explain what to do if you’re being sued by American Express in Texas and what legal options may be available.
We recommend discussing your situation with an experienced lawyer. In a confidential consultation, we can review your case, answer your questions, and help you choose the best way to respond to an Amex lawsuit.
Quick Answer: What should I do if American Express sues me in Texas?
In Texas, respond fast—missing an Answer deadline (sometimes as little as 14 days) can lead to a default judgment; preserve defenses and consider settlement or bankruptcy.
- Calendar the Answer deadline.
- File an Answer to avoid default.
- Gather records and evaluate options.
What Is American Express?
American Express Company is an American financial corporation. It is widely known as American Express or Amex. It is one of the largest digital banks and credit card issuers in the United States.
Does American Express Sue for Credit Card Debt?
American Express can sue credit card holders for defaulted credit card debt. While many creditors write off and sell old accounts to debt buyers, American Express often keeps its own defaulted accounts. After some time, it may file a lawsuit to try to collect the balance. Interagency charge-off guidance for open-end credit (including credit cards) commonly uses 180 days past due as a benchmark, though lawsuit timing can vary based on the creditor and the facts. OCC Bulletin 2000-20 (Uniform Retail Credit Classification and Account Management Policy).
Are you being sued by American Express? If you’re facing an Amex lawsuit, American Express may be trying to collect a defaulted credit card balance from you.
Fast Facts
- File an Answer on time to reduce default-judgment risk.
- American Express may sue to collect defaulted credit card debt.
- Texas timelines can be short, depending on the court.
- Organize records early to support your legal strategy.
Who Represents American Express?
American Express works with law firms across the United States to handle credit card lawsuits. A few firms it may use to handle and litigate Texas cases include, but are not limited to:
- Couch Lambert, LLC
- Rausch Sturm LLP
- Zwicker & Associates, P.C.
- The DeGrasse Law Firm, P.C.
American Express also has its own in-house litigation team that handles credit card debt lawsuits.
Call (888) 584-9614 or click here to submit a consultation request form now.
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What to Do When Being Sued by American Express
If American Express sues you, respond to the lawsuit promptly to avoid a default judgment. If you fail to file a timely Answer and the court finds that service requirements are met, American Express can request a default judgment. Federal law also generally requires the plaintiff to file a military-status affidavit (a statement about whether you’re on active duty) before the court enters a no-appearance default. https://www.law.cornell.edu/uscode/text/50/3931
A default judgment can legally entitle American Express to the debt it claims you owe, even if you have strong defenses.
If American Express gets a default judgment against you, it may pursue Texas post-judgment collection remedies—subject to exemptions and required procedures—such as bank garnishment, judgment liens, or writs of execution. Tex. Civ. Prac. & Rem. Code § 63.001; Tex. Prop. Code § 52.001; Tex. R. Civ. P. 621.
We recommend working with an experienced debt defense attorney to respond to an Amex lawsuit. Mistakes in your response can weaken your defenses and hurt your chances of winning. An attorney can draft and file a thorough Answer with the court handling your case.
You have several legal options when being sued by a creditor like American Express. During a confidential consultation, we can review your case, answer your questions, and help you choose the best path forward. Request a consultation today by calling our office or filling out our online contact form.
What Are My Options in an American Express Lawsuit?
Texas deadlines for filing an Answer depend on which court is handling your case:
- Justice Court: Your Answer is due by the end of the 14th day after you were served.
- County or District Court: Your Answer is due by 10:00 a.m. on the Monday following the 20th day after you were served.
Case Study: How Filing an Answer on Time Helped Anne Avoid a Default Judgment
Anne came to us shaken and embarrassed after she opened a packet of court papers and saw American Express was suing her. She told me she hadn’t slept in two nights. She kept replaying the same fear in her head: “What if they take my paycheck or empty my bank account?” She was so overwhelmed that part of her wanted to ignore it and hope it went away.
We didn’t let that happen. We immediately focused on the deadline, confirmed the court, and filed a timely Answer so she wouldn’t be hit with a default judgment. Then we sat down with her and organized the story of the account—statements, payments, and the numbers Amex was claiming.
Once we challenged the evidence and forced them to prove the amount, the pressure shifted. Anne went from panic to control, and we were able to move the case toward a resolution that fit her life instead of wrecking it.
The takeaway: when you’re sued in Texas, filing an Answer on time is often the difference between having options and losing them.
Request a Case Dismissal
The debt defense lawyers of Warren & Migliaccio will investigate American Express’s claims against you. We will also evaluate the validity and strength of those claims.
If we find that American Express lacks sufficient evidence, we may ask the court to dismiss the case. A common reason for dismissal is the statute of limitations. In Texas, a creditor must generally sue for debt within four years of the date the debt became past due. Tex. Civ. Prac. & Rem. Code § 16.004(a)(3). The statute of limitations is an affirmative defense, which is a legal reason the plaintiff should not win even if their claims are true. You must include this defense in your written Answer, or you may lose the right to use it. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm#16.004
Fight the Case
You may have strong defenses against American Express’s claims. Because American Express is the plaintiff, it has the burden of proof. That means American Express is responsible for providing evidence proving its allegations are true. In practice, that often means proving the account and the amount through admissible business records (statements and related records) under the Texas Rules of Evidence. Tex. R. Evid. 803(6), 902(10).
American Express must be able to prove that it owns the account, that you are the owner of the debt, and that you owe the amount claimed. American Express may not be able to prove its case when you challenge the evidence.
Negotiate a Settlement
If our attorneys determine that American Express has a strong case against you, we may recommend negotiating a settlement on your behalf. In our experience, credit card issuers like American Express are generally open to settling. Settlements can be advantageous because they avoid the costs and resources of litigation.
We may be able to help you negotiate a favorable settlement that is lower than the original amount claimed. We can also work toward a straightforward payment plan that fits your budget.
Explore Other Options
Our attorneys have extensive experience helping individuals resolve debt and get a fresh start through bankruptcy. Filing bankruptcy can impose an automatic stay that generally pauses collection activity and pending lawsuits, subject to exceptions and court orders. 11 U.S.C. § 362(a).
Depending on your situation, bankruptcy may be a good option. During a consultation, we can review your circumstances and determine whether it is the right approach for you.
Frequently Asked Questions
FAQs About Deadlines and Service
How long do I have to file an Answer if I’m sued by American Express in Texas?
Your deadline depends on the court where the lawsuit was filed. In a Texas Justice Court, you must file an Answer within 14 days of being served. In a County or District Court, the deadline is 10:00 a.m. on the Monday following the expiration of 20 days from the date of service. Missing these dates puts you at risk of a default judgment.
- Check the court on your citation
- Calendar the due date immediately
What if I was never properly served with the Amex lawsuit papers?
Service matters because courts generally require proper notice before the case moves forward. If you truly weren’t served correctly, you may be able to challenge service—but don’t assume the case will disappear. If you learn about the suit, act fast to protect deadlines.
- Check the court file for “return of service”
- Document address and timeline
- Get legal help if unsure
FAQs About First Steps and Default Judgments
What should I do first after I’m served with an Amex lawsuit?
Don’t ignore it—your first job is to protect your deadline and your options. Confirm the court and Answer due date, gather account records, and decide whether your best move is to defend the case, negotiate a settlement, or consider bankruptcy options.
- Save all lawsuit papers
- Pull statements and payment history
- Avoid casual admissions
What happens if I don’t file an Answer to an American Express lawsuit?
If you don’t answer on time, American Express can ask for a default judgment, meaning the court may award what Amex claims without hearing your defenses. After judgment, Amex may use collection tools allowed under Texas law, which can increase financial pressure quickly.
FAQs About Collection Risk: Wages and Bank Accounts
Can American Express garnish my wages or take money from my bank account in Texas?
For most consumer debts, Texas generally does not allow wage garnishment. But after a judgment, bank accounts can be targeted through garnishment procedures, and exemptions may protect certain funds or property. The details depend on what money you have and where it sits.
FAQs About Time Limits and Proof
What is the statute of limitations for Amex credit card debt in Texas?
Texas often uses a four-year limitations period for many debt-collection lawsuits, including many credit card debt claims. The start date can be disputed, so it depends on the facts (default, charge-off, last payment, and account history). If the claim is time-barred, it can be a strong defense.
What does American Express have to prove to win in court?
Amex generally must prove you’re responsible for the account, that the contract/terms apply, and that the amount claimed is correct. Credit card cases often turn on whether statements, affidavits, and interest/fee calculations actually support the total requested.
What defenses are common in a Texas Amex lawsuit?
Defenses are fact-specific, but common angles include statute of limitations, improper service, wrong amount/fees, payment or settlement already made, identity theft or authorized-user disputes, and arbitration. The best defense depends on your documents and deadlines, so organize records early.
FAQs About Arbitration, Settlement, and Communication
Can I use arbitration (AAA/JAMS) in an American Express lawsuit?
Many American Express cardmember agreements include an arbitration clause that may involve AAA or JAMS. If your agreement applies and arbitration wasn’t rejected, compelling arbitration can be a strategic option. Timing and paperwork matter, so confirm the exact agreement tied to your account.
Can I settle with American Express after I’ve been sued?
Yes—many people negotiate settlement after a lawsuit is filed. The key is getting the deal in writing and making sure it clearly explains what happens to the lawsuit (dismissal, payment plan, or agreed judgment terms). You don’t want to “settle” and still end up with a judgment.
Should I call American Express or the law firm suing me?
You can communicate, but be careful: what you say may be used against you. If you’re pursuing settlement, keep communications written when possible and don’t admit dates or amounts you’re unsure of. If you may fight the case or use arbitration, consider talking to a debt defense attorney first.
FAQs About Judgments and Property
Will an Amex judgment put a lien on my house or take my property?
A judgment can create collection pressure, including potential liens depending on the asset and procedure. Texas also has strong exemption rules, so outcomes vary by property type and equity. Even when property is protected, a judgment can still cause problems for refinancing or selling.
FAQs About Bankruptcy Options
Should I consider bankruptcy if I’m being sued by American Express?
Sometimes. Bankruptcy can trigger an automatic stay that pauses lawsuits and collection, and it can be part of a broader plan if you have multiple debts. Whether Chapter 7 or Chapter 13 fits depends on income, assets, and goals—especially if the Amex lawsuit is not your only issue.
Discuss Your Legal Options During a Confidential Consultation
At Warren & Migliaccio, our North Texas debt defense attorneys have significant experience representing and defending individuals in debt collection cases. If you are sued by American Express in Texas, we recommend reaching out to schedule a confidential consultation.
We can review American Express’s claims, help you understand your legal options, and explain how we may be able to help. Call our office at (888) 584-9614 or contact us online, and we will get in touch soon.
