Have you received a notice that Wells Fargo Bank, N.A. is suing you for unpaid debt? We understand that litigation can feel stressful and overwhelming. However, you do not have to face it alone. Wells Fargo is counting on you to ignore the lawsuit so that it will win the case by default. Below, we explain why you should pay attention to the lawsuit and what to do if you are facing a Wells Fargo debt collection lawsuit in Texas.
What Is Wells Fargo Bank, NA?
Wells Fargo Bank, N.A., also known as Wells Fargo, is one of the largest financial institutions in the United States. It provides various financial services for individuals, including banking, credit cards, and loans. Founded in 1852, Wells Fargo is headquartered in San Francisco, California, and operates branches throughout the country.
Does Wells Fargo Sue for Debt?
Wells Fargo is known to take legal action against individuals for defaulted credit card debt and loans. Filing collection lawsuits against consumers is common for large creditors to try to recover unpaid debts.
The company hires experienced debt collection law firms to handle its collection litigation. It uses the law firm Waddell Serafino Geary Rechner Jenevein, PC, to manage its Texas collection cases. Waddell Serafino Geary Rechner Jenevein, PC has two offices in Texas, including in Dallas and Houston.
Why Is Wells Fargo Suing Me?
Generally, if a consumer has not made credit card or loan payments over a certain period of time, their account will go into default. If Wells Fargo is suing you for debt collection, it believes you owe it money. Wells Fargo may claim that you have failed to meet the terms of a credit card or loan agreement and sue you in an attempt to recover the debt.
Consider contacting our dedicated debt collection defense lawyers to discuss your unique situation. Warren & Migliaccio has a proven track record of effectively defending individuals in collection cases. We handle cases throughout Texas.
During a no-obligation consultation, we can review Wells Fargo’s case against you and help you understand your best legal options to get this case behind you. Fill out our online contact form or call one of our offices to schedule yours.
What Are My Legal Options if Sued by Wells Fargo for Debt Collection?
If Wells Fargo sues you for debt collection, you may have more legal options than you think. However, you must decide whether to respond to or ignore the lawsuit. We do not recommend disregarding it.
If you ignore the lawsuit, Wells Fargo will likely win the lawsuit by default. A default judgment would mean Wells Fargo is legally entitled to the money, even if you may not owe it, if the amount is incorrect, or if you have other legal defenses.
In order to protect yourself from a default judgment, you must respond to the lawsuit within a specific timeframe. This formal response is called an Answer, and you must file it with the court and send a copy to Wells Fargo’s legal representation. In Texas, you generally have 20 days to respond, but you may have as little as 14 days, depending on the court handling your case. You can see our guide about responding to a court summons here.
Once you respond to the lawsuit, your best legal options will depend upon the case’s unique circumstances. For example, your options may include the following:
- Case dismissal. You may have defenses to the collection lawsuit, such as asserting that the statute of limitations has expired on the debt, which could result in a case dismissal.
- Settlement. If Wells Fargo has a strong case against you, negotiating a settlement out of court may be in your best interests.
- Bankruptcy protection. Seeking bankruptcy protection to discharge your debts may be a viable option for you.
A debt collection defense attorney from our firm can help you identify your legal options and develop a strategy to defend you against the lawsuit.
Can Wells Fargo Garnish My Wages if It Gets a Judgment Against Me?
If Wells Fargo wins the lawsuit and obtains a judgment against you, it cannot garnish your wages to collect the debt. Wage garnishment is not allowed for credit card debt in Texas. However, Wells Fargo may be able to collect from you in other ways, including:
- Bank garnishment
- Property lien
- Property seizure
How Can an Attorney Help Me With a Wells Fargo Credit Card Lawsuit?
Working with a debt collection defense attorney can give you peace of mind and a greater chance of a favorable outcome in your case. A dedicated will protect your best interests, guide you through the legal process, and help you reach a case resolution.
From the beginning, your attorney can review the allegations and evidence against you and identify legal defenses that may apply. Your attorney will respond to the Wells Fargo credit card lawsuit on your behalf, helping you avoid a default judgment. Then, your attorney can develop a legal strategy aligned with your best interests to defend you against Wells Fargo.
Depending on your legal strategy, your attorney may negotiate with Wells Fargo to resolve the debt outside court. Your lawyer may be able to reach a settlement that is less than the alleged debt with a payment plan that works for you. On the other hand, if you decide to fight the allegations in court, your attorney can represent you and argue your case.
Schedule a Case Review With Our Debt Collection Defense Lawyers
If you are facing a debt collection lawsuit from Wells Fargo in Texas, do not hesitate to reach out to our team at Warren & Migliaccio. Our attorneys have extensive experience and success defending individuals like you against big creditors like Wells Fargo.
Contact us for a no-obligation consultation to discuss your legal options. You can call our Dallas or Richardson office or submit our online contact form to get started. We are happy to answer your questions, review the case against you, and offer you some legal guidance.