Texas Debt Defense Attorney: Get Debt Lawsuit Defense for Your Case
Debt lawsuits can arise from various situations – whether it’s credit card debt, medical bills, personal loans, or other financial obligations. Whether you recognize the debt or think it may be a mistake or scam, it is critical that you do not ignore the lawsuit! You may have more legal options available to you than you think to resolve the lawsuit. Do not hesitate to discuss your options with a Texas debt defense attorney from our firm.
Schedule a free consultation today—your initial consultation is toll-free.
At Warren & Migliaccio, our Texas debt defense lawyers have significant experience and success defending individuals in debt lawsuits. We work tirelessly for every client and understand that many clients feel overwhelmed by debt lawsuits. Call our legal team at (888) 584-9614 or fill out our online contact form to schedule your consultation.
We are proud of the positive reviews from our past clients, which reflect our commitment to excellent service and results.
Types of Debt Lawsuits We Defend in Texas
Our debt defense lawyers in Texas defend individuals facing lawsuits for all types of consumer debt-related matters, including, but not limited to:
- Credit card lawsuits
- Debt collection lawsuits
- Bank loans and business debt defense
- Personal loan defense
- Retail loan defense
- Auto loan defense
- Creditor harassment
We have significant experience and success going up against any of the following:
- Credit card companies
- Banks
- Debt collectors
- Law firms
We represent both consumers and businesses facing creditor lawsuits related to bank loans, business debt, and other financial obligations.
No matter your situation, do not hesitate to schedule a consultation with a Texas debt defense attorney from our firm. During a consultation, we can answer your legal questions, discuss your legal options, and determine how our services can help you with your case, whether you are a consumer or a business client.
What to Do When Sued for Debt Collection in the State of Texas
Have you recently been sued for credit card debt, a personal loan, or another type of debt in Texas? Many people are unable to pay debts due to life circumstances and may be going through a difficult time. Our debt defense lawyers in Texas recommend taking the following steps as soon as possible. Seeking legal assistance is crucial for protecting your rights when facing a debt lawsuit. We set clear expectations for our clients throughout the legal process.
Step 1: Consult With a Texas Debt Defense Lawyer
Have you been served with a debt collection lawsuit from a creditor or debt collector? We recommend consulting with an experienced Texas debt defense attorney as soon as possible. An attorney can help you in many ways, just during a consultation. For example, we can:
- Answer your legal questions
- Review the claims against you
- Discuss your financial situation
- Help you understand your rights under Texas law
- Discuss your best legal options based on your situation
- Offer guidance about the next steps you should take
- Break down how we can help you with your case
If you are facing a debt collection lawsuit, our law firm can help. Our debt defense attorneys serve clients statewide.
All Texas Cities We Serve
Wherever you are in Texas, we’ve got you covered.
Our debt defense attorneys assist clients in every city across the state — including, but not limited to, the following:
- Dallas
- Plano
- Irving
- Garland
- Frisco
- McKinney
- Grand Prairie
- Fort Worth
- Arlington
- Killeen
- Houston
- Austin
- San Antonio
- El Paso
- Corpus Christi
- Lubbock
- Laredo
- Amarillo
- Pasadena
- Midland
- Tyler
- Abilene
- Denton
- Waco
You can reach our office by phone calls to schedule a free initial consultation with an attorney. We are committed to providing prompt and attentive support throughout your case.
Step 2: Respond to the Lawsuit
The court may automatically grant the creditor or debt collector a judgment against you if you do not acknowledge the lawsuit or appear in court. This automatic win is called a default judgment and can happen even if you do not owe the money. Failing to fight the lawsuit can result in having to pay more than you can afford, especially if you are already facing financial hardship. It is critical not to ignore the lawsuit. In order to protect yourself from a default judgment, you must file a formal response to the lawsuit with the court. Your response is called an Answer.
In Texas, the court handling your case determines how much time you have to respond. If a justice of the peace court or small claims court handles your case, you generally must respond within 14 days. Also, if a county district court oversees your case, you usually have 20 days to respond after being served. If you miss the deadline, the court can rule against you and require you to pay the full amount, no matter your ability to afford it.
Adrressing Allegations and Responding Correctly
Your response should address each allegation the creditor or debt collector made in the complaint. You can also include affirmative defenses, which are defenses that you can back up with evidence.
You must file your Answer correctly with the court and serve a copy to the creditor or its attorney. We recommend working with an experienced Texas debt attorney from our firm to handle this process for you. Our attorneys defend clients by fighting aggressively to protect your interests and help you avoid unnecessary paying or settlements you cannot afford. We can ensure your lawsuit response protects your best interests, does not miss critical deadlines, and complies with the court’s procedural requirements.
Related: Credit Card Debt: Guide to Responding to Court Summons
Step 3: Explore Your Legal Options
After you have avoided a default judgment, you can start considering your legal options. We can analyze the claims against you to identify weaknesses we can use to support your case. Based on what we find and your financial circumstances, we can help you determine your best legal options.
Generally, there are a few ways to resolve a debt collection lawsuit. These options include:
- Challenging the lawsuit
- Negotiating a debt settlement
- Seeking alternative debt resolution
When negotiating a settlement or alternative resolution, we can often work to reduce your monthly payments based on your income, making repayment more manageable. Successfully resolving debt and related legal issues can help you regain financial freedom, improve your future credit opportunities, and allow you to focus on rebuilding your life without the constant stress of legal or debt-related concerns.
Our Texas debt defense attorneys discuss these options in depth below.
Related: Credit Card Company Sues You: First Steps
What Are My Legal Options If I’m Sued for Debt Collection in Texas?
If a creditor serves you with a credit card or debt collection lawsuit in Texas, you generally have several legal options to consider. Our firm’s deep understanding and knowledge of Texas debt laws allows us to navigate these complexities effectively. This expertise helps secure the best possible outcome for our clients.
These options include:
Option 1: Do Nothing
We DO NOT recommend ignoring the lawsuit. Ignoring it does not make it go away. In fact, it often results in the most severe financial consequences. Choosing not to respond to a debt lawsuit in Texas can lead to a default judgment against you.
A default judgment means the court may automatically side with the creditor or debt collector because you did not acknowledge the lawsuit or appear in court. Even if you do not recognize the debt or do not owe the debt, you can still suffer from a default judgment.
With a default judgment, the creditor or debt collector has a legal right to collect the debt it claims you owe. It may be able to freeze and garnish your bank accounts, seize your property, or place liens against your property to recover the money from you.
Option 2: Challenge the Lawsuit
You can acknowledge and challenge the lawsuit by filing a legal response with the court called an Answer. Even if you plan on settling or pursuing alternative debt resolution, you should file an Answer. It is the only way to protect yourself against a default judgment.
Your Answer should address each allegation in the lawsuit. It should also include your defenses to the lawsuit. The firm challenges lawsuits when creditors engage in unfair or deceptive debt collection practices, such as harassment or false statements, which the law prohibits.
We recommend working with an experienced debt attorney in Texas to help you draft and file this response to ensure you do not make mistakes or miss critical deadlines. For example, your Answer must be filed with the correct court by its deadline, generally 14 or 20 days, depending on the court handling your case.
Challenging the lawsuit can lead to dismissal, a more favorable settlement, or even winning the case in court, depending on the circumstances of your case.
Related:
- How to Get a Debt Collection Lawsuit Dismissed in Texas
- How to Win a Debt Collection Lawsuit in Texas
- What Happens if a Debt Collector Takes You to Court? Possible Outcomes
Option 3: Negotiate a Settlement
Before or after a lawsuit is filed, you may be able to negotiate a settlement. Negotiating a settlement may be in your best interest if the creditor or debt collector can prove you owe the debt and that it has a right to collect it.
In many cases, a creditor or debt collector is open to negotiations. Settling outside of court saves both sides money, time, and uncertainty of a court outcome. Even so, we do not recommend settling until you have discussed your situation with a debt defense lawyer in Texas.
An attorney can ensure that a settlement is in your best interest. More so, an experienced attorney can negotiate on your behalf, often obtaining a settlement for much less than the total amount of debt claimed.
Related: How Can I Settle My Credit Card Debt Before Going to Court in Texas?
Option 4: Explore Alternative Debt Resolution
Our Texas debt defense attorneys work with many individuals in stressful financial situations where the debt is too much to handle. If this feels like your situation, consider exploring alternative debt resolution options, such as bankruptcy.
Depending on your financial situation, bankruptcy may be a viable option and offer you a fresh financial start. A debt lawsuit lawyer can help you determine your best options based on your situation during a consultation.
What Are Common Defense Strategies in a Texas Debt Lawsuit?
Depending on the circumstances surrounding your case, you may have defense strategies that you can use to challenge the lawsuit. In some cases, challenging the lawsuit can lead to a dismissal, a more favorable settlement, or winning the case in court.
Some of the common defense strategies include:
- Creditor or debt collector‘s right to sue. Does the debt collector have the right to collect? Often, debts are sold and resold, and the debt collector might not have the necessary documentation to prove it owns the debt.
- Statute of limitations. Creditors and debt collectors only have a certain amount of time to file lawsuits over debts. This time limit is called a statute of limitations, and it is four years in Texas. If the debt is time-barred, which is a form of zombie debt, the case can be dismissed.
- Debt amount. Errors in the amount claimed are not uncommon. We review the details of the debt, including principal, interest, fees, and payments made, to challenge any inaccuracies.
- Identity. Do you own the claimed debt? If you do not recognize the debt, it may be a case of mistaken identity or identity theft. In these cases, we work to provide evidence to get the case against you dismissed.
When you work with our debt defense attorney in Texas, we will investigate the claims against you and look for weaknesses in the creditor or debt collector’s case.
Related:
What if I Already Have a Judgment Against Me?
If a court has issued a judgment against you, it has granted the creditor or debt collector a legal right to collect the debt. However, depending on the circumstances of the case, you may still have legal options. For example, you may be able to file a motion to vacate the judgment, appeal the decision, negotiate a settlement, or explore options for discharging your debt. We encourage you to consult with an experienced debt lawyer in Texas from our firm. We can help you determine the best legal options for your unique situation.
If a court has already issued a judgment against you and you’re being sued again for the same debt, you may be able to get the second lawsuit dismissed. In most cases, the law does not allow creditors to sue you twice for the same debt. We can investigate the circumstances surrounding the second lawsuit and request a dismissal.
Related:
- Is It Possible to Be Judgment Proof?
- How to Deal With a Default Judgment
- How Long Does a Judgment Last in Texas?
FAQs About Texas Debt Defense Attorney
What is the statute of limitations on debt in Texas?
Texas creditors have four years from your last payment or default to sue for most consumer debts. After four years, the claim is “time‑barred,” and you can ask the court to dismiss based on the statute‑of‑limitations defense.
Can wages be garnished in Texas for credit card debt?
No. Texas bars wage garnishment for ordinary consumer debts. Only child support, federal student loans, and taxes qualify. If a creditor wins a judgment, it can freeze bank accounts or seize certain non‑exempt property—never your paycheck.
How long do I have to respond to a debt lawsuit in Texas?
File a written Answer within 14 days in Justice Court or 20 days + the following Monday in County/District Court. Missing the deadline lets the creditor win a default judgment even if the debt is wrong.
How do I answer a debt collection lawsuit in Texas?
Prepare a general denial and list any affirmative defenses (statute limitations, lack of standing, identity theft). Sign, date, and file the Answer before your deadline, then mail a copy to the plaintiff’s lawyer.
What happens after a default judgment in Texas?
Once a default judgment is entered, the creditor gains court‑backed power to collect. It can levy bank accounts, record property liens, garnish non‑exempt assets, and force post‑judgment discovery. Judgments last ten years and can be renewed.
Can debt collectors take my house in Texas?
Your homestead is protected. Texas law prevents the forced sale of your primary residence for consumer debts, though a judgment lien may attach to investment property, vehicles, or other non‑exempt assets.
Can I settle a debt lawsuit for less than I owe?
Yes. Creditors—especially debt buyers—often accept 30‑50 % of the balance to avoid trial costs. Settlements succeed when you document hardship or raise solid defenses, and lawyers usually negotiate deeper discounts than individuals.
What defenses can I use against a debt lawsuit in Texas?
Firstly, four‑year statute has expired
Secondly, plaintiff lacks proof of ownership
Also, mistaken identity or ID theft
Likewise, debt already paid or settled
Similarly, improper service or paperwork errors
How can I get a debt collection lawsuit dismissed in Texas?
Ask the court to dismiss when the creditor sued after the four‑year limit, lacks account documentation, or served you incorrectly. A granted dismissal ends the case without any judgment on the debt.
Can I file bankruptcy to stop a debt lawsuit?
Yes. Filing Chapter 7 or Chapter 13 triggers an automatic stay that immediately halts lawsuits and collection actions. Qualifying debts may be wiped out or reorganized, giving you a path to lasting relief.
How do I vacate a default judgment in Texas?
File a Motion to Set Aside Default Judgment showing good cause for missing the deadline (e.g., improper service), a valid defense, and prompt action once you learned of the judgment. Act quickly—strict time limits apply.
What property is exempt from debt collectors in Texas?
Texas protects your homestead, wages, most retirement accounts, one vehicle per licensed driver, and up to $100,000 in personal property for a family ($50,000 for individuals). Creditors cannot seize these exempt assets even after judgment.
How much does a debt defense attorney cost in Texas?
Most Texas debt‑defense lawyers charge flat fees of $750 – $2,000 depending on case complexity. Many offer a free initial consultation and payment plans, so confirm exact pricing before retaining counsel.
Do I need a lawyer for a debt lawsuit in Texas?
While not required, about 90 % of unrepresented defendants lose or default. An attorney spots defenses, files paperwork correctly, and negotiates settlements—often saving more than the fee.
What courts handle debt collection cases in Texas?
Debts under $20,000 go to Justice Court; larger claims land in County or District Court. Your response deadline and procedure rules depend on which court appears on the citation you received.
Contact Our Texas Debt Defense Lawyers for a Consultation
We understand that facing a lawsuit for credit card debt or other debt can be a challenging and stressful experience. However, you do not have to navigate it alone. At Warren & Migliaccio, we are here to provide you with the legal support you need to put a debt collection lawsuit behind you.
Do not wait to schedule a consultation with us to discuss the case against you. Based on your unique situation, we can help you understand your best options for resolving the lawsuit and next steps. Call us today at (888) 584-9614 or submit our online contact form to schedule your consultation with an experienced debt defense attorney.
