Facing a Credit Card Lawsuit in Houston or Harris County? Get Legal Help
Facing a credit card lawsuit can be overwhelming, but you do not have to navigate it alone. At Warren & Migliaccio, we defend Houstonians against aggressive creditors and debt collectors. If you are being sued for credit card debt, our credit card debt lawyer in Houston can help you get back on the road to financial recovery. You can count on us for compassionate and experienced legal support through case resolution.
3 Immediate Steps to Take If Sued for Credit Card Debt in Houston
Step 1: Do Not Ignore the Lawsuit
If there is one thing you should remember from this page, it is this: do not ignore a credit card lawsuit. Ignoring it will not make it disappear and could lead to a default judgment against you.
A default judgment occurs when you fail to respond to a lawsuit. It means an automatic win for the debt collector, even if they have a weak case or you do not recognize the debt. Beyond the original debt, they may pursue interest fees, court costs, and attorney’s fees, increasing the amount you owe.
Not paying it will not make it go away, either. With a default judgment against you, the creditor or debt collector may seek bank garnishment, liens against your property, or property seizure to pay off the debt.
Step 2: Contact a Houston Credit Card Debt Attorney
When you receive notice of a lawsuit, reach out to an experienced Houston credit card debt lawyer from our firm. We can help you understand your legal rights and obligations, options to resolve the lawsuit, and steps to protect yourself.
When you choose to work with us, our Houston credit card debt lawyers will act quickly to prevent a default judgment. We will strategize how to respond to the lawsuit to represent your situation and set you up for the best possible outcome for your case. Then, we will file it with the appropriate court by the required deadline.
We will also handle the legal process on your behalf, manage all the communication about the debt, and help you achieve the best possible resolution for your case. We will look for any way to have the case dismissed against you. If the creditor or debt collector refuses to drop the case, we will advocate for you through skilled negotiation or aggressive defense in court. We can also explore alternative debt relief options.
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Step 3: File a Response to the Lawsuit
Regardless of whether you decide to work with an attorney, filing a response to the lawsuit, called an Answer, in the appropriate court is essential. Filing an Answer is the only way to avoid a default judgment. It is critical to act quickly to file it by the deadline.
If the lawsuit was filed in a Justice of the Peace Court, or small claims court, you generally only have 14 days to file an Answer. If the lawsuit was filed in a district or county court, you generally have 20 days to respond.
By filing a response to a credit card lawsuit, you place the burden of proof on the creditor or debt collector. The creditor must prove that you owe the debt, that the amount is accurate, and that they have the legal right to collect it. This proof may include providing a valid contract or a clear chain of ownership if the creditor sold the debt to a third-party debt collector. If they cannot provide this proof, you may have grounds for dismissal.
Options for Resolving a Houston Credit Card Lawsuit
Credit card lawsuits can be resolved in a few different ways. Generally, case resolution may look like one of the following:
- Case dismissal. Credit card lawsuits generally have many potential defenses. A debt defense lawyer can review the lawsuit to assess the validity of the debt collector’s claims and look for weaknesses. For example, if the debt collector has inadequate proof that you owe the debt and it has the right to collect it, we can seek a case dismissal. Other defenses to a credit card lawsuit may include an expired statute of limitations or a mistaken or stolen identity.
- Settlement. Negotiating a credit card debt settlement may be the best option for moving forward if the creditor has a strong case against you and you recognize the debt. A settlement often saves both parties time, money, and resources needed to go to court. It also avoids the uncertainty of a trial. In many cases, you may be able to negotiate an amount that is less than the original amount of debt owed.
- Trial. If challenging the lawsuit does not result in a dismissal, you may choose to fight the case at trial. At trial, both parties present their case to a judge, who will make a verdict about the case.
- Bankruptcy. In some cases, filing for bankruptcy may be the best option to resolve overwhelming debt. Filing for bankruptcy triggers an automatic stay, which halts all collection actions, including credit card lawsuits. If you qualify, you may be able to discharge the debt or restructure it into a manageable repayment plan.
Options for Managing Overwhelming Credit Card Debt
Even if not currently facing a credit card lawsuit, dealing with overwhelming credit card debt can be incredibly stressful. However, you have options to regain control of your financial situation and work towards a more secure future. Common strategies often involve:
- Debt consolidation. Debt consolidation involves combining multiple credit card balances into a single loan with a lower interest rate. By consolidating your debt, you can simplify your payments and potentially reduce the amount you pay in interest.
- Debt settlement. Debt settlement involves negotiating with your creditors to reduce the total debt you owe, lower your interest rates, or get a more achievable repayment plan.
- Bankruptcy. If your debt is unmanageable, bankruptcy might be a viable option. Under Chapter 7, you may be able to get your credit card debt completely discharged. Chapter 13 involves restructuring your debt into an affordable payment plan over three to five years.
Are you being harassed for debt collection, facing litigation, considering bankruptcy, or just feeling like you cannot get out from under your credit card debt? If you are in one of these situations, we encourage you to contact us for a free consultation.
During a consultation, we can discuss your unique situation and strategies for tackling your credit card debt. This consultation is an opportunity for you to ask questions, get personalized advice, and understand your options.
Discuss Your Situation With Our Houston Credit Card Debt Lawyers
Are you facing a Houston credit card lawsuit or struggling with overwhelming credit card debt? If so, reach out to a Houston credit card debt attorney from our firm for a free consultation.
We are happy to review your situation, help you understand your rights, and explore your legal options. We have extensive experience and success in helping Texans achieve debt relief through debt defense, settlement, bankruptcy, and other means. Learn how we can help you, too, at (888) 584-9614 or by contacting us online.
