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You are here: Home / Credit Card Lawsuit and Debt / What to Do If Truist Bank Is Suing You for Debt in Texas
Miami, FL - July 2nd 2022: A Truist bank is seen with an empty parking lot as less consumers are trusting the financial system.

What to Do If Truist Bank Is Suing You for Debt in Texas

Published: April 25, 2025
Author: Christopher Migliaccio — Bar #24053059
Updated: September 12, 2025  •  Reading Time: 13 min read

Table of Contents

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  • Quick Answer: How do I respond to a Truist Bank lawsuit in Texas?
  • Need-to-Know Highlights
  • Why Is Truist Bank Suing Me?
  • 3 Steps to Take Right Away If Truist Bank Is Suing You for Debt Collection in Texas
  • Case Study: Compelling Arbitration to Halt a Truist Lawsuit
  • How a Texas Debt Defense Lawyer Can Help You
  • FAQs about Deadlines & Court Basics
  • FAQs about Garnishment, Judgments & Enforcement
  • FAQs about Limitations & Defenses
  • FAQs about Arbitration & Settlement Options
  • FAQs about Consumer Protection & Bankruptcy
  • Discuss Your Situation With Our Debt Defense Attorneys

When Truist Bank files a Texas debt suit, your next steps are straightforward: confirm the court type to calculate the exact Answer date, submit an Answer before that deadline to prevent default, and compare Truist’s claim to your records while considering negotiation, mediation, or arbitration.

Have you been served with a Truist Bank lawsuit over an unpaid debt in Texas? Truist Bank may file a lawsuit to recover money it alleges you owe for a defaulted credit card, loan, or line of credit. Facing a debt collection lawsuit can feel overwhelming, but it is important to understand that you have legal rights and options to resolve it. In the article below, our Texas debt collection defense lawyers discuss what to know about Truist Bank and what to do if sued by Truist Bank for debt collection.

Quick Answer: How do I respond to a Truist Bank lawsuit in Texas?

Texas Answer deadlines are short—14 days in justice court or Monday after 20 days in county/district—so respond immediately: file an Answer, verify the claim, and plan defenses.

  • Calendar your exact Answer deadline
  • File an Answer to avoid default
  • Review records; request validation or arbitration

Truist describes itself as a top-10 U.S. commercial bank by assets. (Truist ‘Fast Facts’) Headquartered in Charlotte, North Carolina, it was formed in 2019 through the merger of Branch Banking and Trust Company (BB&T) and SunTrust Banks. Over the years, Truist has faced multiple legal and regulatory challenges, including fines for poor recordkeeping, a settlement for robocall violations, and lawsuits related to data breaches and employee poaching. These challenges include alleged violations of federal and state laws, with liability often disputed or settled without admission. Companies like Truist face increased scrutiny over their administration of accounts and their connection to regulatory compliance.

The bank operates branches in 17 states and Washington, D.C., offering financial services to individuals, small businesses, and institutions. Its personal banking offerings include checking and savings accounts, credit cards, loans, lines of credit, and investment services.

Truist also does business as LightStream. LightStream is its online, unsecured lending division. According to its website, LightStream offers fixed-rate loans “for purchases that had previously required collateral, or that fall into categories where few or no loan options exist,” such as for vehicles and boats, home improvement, and jewelry. In 2024, U.S. regulators—including the SEC and CFTC—announced penalties against multiple firms, including Truist affiliates, for recordkeeping failures related to off-channel employee communications. A pending robocall class action alleges violations of the Telephone Consumer Protection Act; settlement approval proceedings are ongoing.

The merger between BB&T and SunTrust also brought together their trust account services, making the administration of trust accounts a key responsibility for Truist. The intended purpose of trust account administration is to protect beneficiaries and ensure proper disbursement, making it essential for the bank to maintain proper relationships and connections with its clients.

Need-to-Know Highlights

  • Texas Answer deadlines: 14 days or Monday after 20 days.
  • Filing an Answer prevents default and preserves defenses.
  • Verify the debt; demand accurate records and ownership.
  • Consider settlement, mediation, or arbitration early.

Why Is Truist Bank Suing Me?

If Truist Bank is suing you, it is likely alleging you owe it an unpaid debt. This debt may come from a credit card, loan, or line of credit. Truist may pursue the debt through legal action if other collection efforts, like phone calls and letters, fail. In such lawsuits, Truist Bank is the plaintiff, initiating the legal action, and the individual being sued is the defendant.

The parties to the lawsuit typically include Truist Bank, as the plaintiff, and the individual debtor, as the defendant. Truist generally hires debt collection law firms to handle legal action on its behalf. It often retains outside debt collection counsel to handle Texas cases.

3 Steps to Take Right Away If Truist Bank Is Suing You for Debt Collection in Texas

Have you been served with a lawsuit from Truist Bank? If so, it is critical to act quickly to protect your legal rights. We recommend taking the following steps:

1. Consult With a Texas Debt Collection Defense Lawyer

If Truist Bank is suing you for debt collection, we recommend contacting an experienced Texas debt defense lawyer. At Warren & Migliaccio, we provide a free, no-obligation consultation to individuals and families sued for debt collection in Texas.

During a free consultation, we will review the claims against you and help you understand the lawsuit you face. We can discuss your situation, evaluate whether the bank’s claim is legitimate, assess your defenses, and help you understand your potential legal options for resolving the lawsuit. If you decide to work with us, we will represent and defend you throughout the legal process.

2. File an Answer to the Lawsuit

If you decide to work with an attorney, they will handle this step for you. However, if you plan to represent yourself, you should draft and file a formal response to the lawsuit. This response is called an Answer. In your Answer, you should address each allegation made by Truist Bank and highlight any legal defenses you have to the lawsuit.

In Texas, Answers are due on or before day 14 in justice court (Tex. R. Civ. P. 502.5) and at 10:00 a.m. on the Monday next following 20 days after service in county or district court (Tex. R. Civ. P. 99(b)). The lawsuit papers you were served with should tell you the deadline.

Failing to respond by the deadline may result in a default judgment against you. In this case, a default judgment means Truist automatically wins. If Truist gets a default judgment against you, it can pursue further legal action to collect the debt, like bank garnishment or property liens.

3. Verify the Debt

Because Truist Bank is an original creditor, you should be able to review your records to assess the debt’s validity. Examine your credit card, loan, or line of credit contract and your account statements, and compare them to Truist’s claims against you. Do you recognize the debt? Is the debt amount accurate?

If you do not have an account with Truist, do not recognize the debt, or have doubts about whether the debt is yours, you have the legal right to request debt validation from Truist Bank. Truist must prove that you owe the debt, the debt amount is correct, and that it has the legal right to collect. You may have grounds for case dismissal if it lacks sufficient evidence. Truist Bank is also settling allegations under the Telephone Consumer Protection Act (TCPA).

A pending TCPA class action, Truong v. Truist Bank, alleges Truist used prerecorded calls to cell phones without proper consent. See Truong v. Truist Bank, No. 3:23-cv-00079 (W.D.N.C.). (preliminary settlement approval granted; final approval hearing currently set for Oct. 16, 2025)

Infographic outlining steps to take if facing a Truist Bank lawsuit in Texas, including understanding the bank, reasons for being sued, legal deadlines, consulting a debt defense lawyer, filing an Answer, verifying the debt, and exploring legal options.

Facing a Truist Bank lawsuit in Texas? Learn the essential steps to protect your rights and defend yourself.

Case Study: Compelling Arbitration to Halt a Truist Lawsuit

The Problem: A Texas client walked in panicked after being served by Truist in county court. Her citation clearly said her Answer was due by 10:00 a.m. on the Monday after 20 days from service. When we compared her statements to Truist’s claim, several late fees didn’t match her actual payment history, which added to her stress and confusion.

The Action: We filed her Answer right away to prevent a default. Then we pulled the card agreement and found a binding arbitration clause. We prepared a motion to compel arbitration and to pause the court case, attaching the agreement and a sworn declaration, and we started an arbitration filing with the administrator named in the contract. While the motion was pending, we requested the full account history and opened settlement talks.

The Result: The judge granted our motion and stayed the lawsuit. Facing arbitration costs and rules, Truist agreed to a confidential settlement for a small fraction of the claim. The case was dismissed with prejudice—no judgment, no account freeze.

The Takeaway: Act fast: calendar your deadline, file an Answer, and check your contract for arbitration. Moving the case out of court can shift leverage and lead to better results.

How a Texas Debt Defense Lawyer Can Help You

Is Truist Bank or any other creditor or debt collector suing you? If so, having an experienced Texas debt collection defense lawyer on your side can significantly affect your case’s outcome.

A debt defense attorney will represent and defend you throughout the legal process, working to obtain the best possible results for your case. For example, a few ways an attorney can help you include:

  • Helping you avoid a default judgment by drafting and filing an Answer to the lawsuit
  • Requesting debt validation from Truist Bank to determine whether it has a legitimate lawsuit against you
  • Investigating the allegations against you to identify legal defenses
  • Helping you understand your legal options so you can make an informed decision about your case
  • Developing a legal strategy for your case
  • Executing the best course of action for your case, which may include seeking a case dismissal, negotiating a settlement, fighting the case in court, or exploring bankruptcy if your financial situation is dire

2025 Update – Texas R. Civ. P. 99(b) & 502.5; CPRC & TDCA

Deadlines: Justice court Answers are due on or before day 14 after service (Rule 502.5). County/district Answers are due by 10:00 a.m. on the Monday after 20 days (Rule 99(b)). Four-year limitations apply to actions on debt (CPRC § 16.004).

  • Wages: Texas bars wage garnishment for consumer debts (Tex. Const. art. XVI, § 28).
  • Enforcement: Post-judgment remedies include writs of garnishment (CPRC ch. 63) and real-property judgment liens (Prop. Code § 52.001).
  • Collection conduct: Texas Debt Collection Act governs practices (Fin. Code ch. 392).

Recent docket (2025): Federal TCPA case against Truist, Truong v. Truist Bank, No. 3:23-cv-00079 (W.D.N.C.), reflects ongoing settlement proceedings; check the docket for current status.

  • Texas Rules of Civil Procedure

FAQs about Deadlines & Court Basics

How long do I have to respond to a Truist Bank lawsuit in Texas?

Texas deadlines are short. In justice courts, your Answer is due within 14 days of service. In county or district court, it’s due by 10 a.m. on the Monday after 20 days. Missing either deadline risks a default judgment.

1. Check your citation for court type
2. Calendar the exact due date
3. File an Answer before the deadline

What happens if I ignore a Truist Bank lawsuit?

Ignoring the suit usually leads to a default judgment. With a judgment, Truist can seek bank account garnishment and place liens. Filing an Answer preserves defenses and keeps negotiation options open.

1. Note your Answer deadline
2. File before the cutoff
3. Explore settlement or arbitration

Should I hire a Texas debt defense lawyer or go it alone?

Debt cases move quickly. A lawyer can meet deadlines, assert defenses, evaluate arbitration, and negotiate better outcomes. Even a brief consult can clarify strategy and help avoid default.

1. Get a case review early
2. Map defenses and timelines
3. Choose court or arbitration path

FAQs about Garnishment, Judgments & Enforcement

Can Truist garnish my wages or bank account in Texas?

Texas generally bars wage garnishment for consumer debt, but a judgment can allow bank account garnishment. Certain funds may be exempt. Acting before judgment—by filing an Answer and raising defenses—helps avoid freezes and levies.

1. File an Answer promptly
2. Assert exemptions if applicable
3. Consider settlement or arbitration

Can Truist freeze my bank account without a judgment in Texas?

Generally no. For consumer debts, Truist needs a court judgment and a writ of garnishment to freeze a bank account. Some funds are exempt by law, but you must assert exemptions to protect them.

1. Monitor the case status
2. Assert exemptions quickly
3. Move to dissolve improper garnishment

FAQs about Limitations & Defenses

What is the statute of limitations on credit card debt in Texas?

Most credit-card lawsuits must be filed within four years of breach or default. If Truist sues after that window, the statute of limitations is an affirmative defense—raise it in your Answer to preserve it.

1. Identify the alleged default date
2. Gather statements and notices
3. Plead limitations in your Answer

What defenses work against a Truist Bank credit card lawsuit?

Effective defenses target proof and procedure: incomplete account records, incorrect balance, improper service, or the four-year statute of limitations. If facts support it, consider counterclaims for unlawful collection conduct under Texas law.

1. Demand complete account history
2. Review service of process
3. Evaluate limitations and standing

What evidence does Truist need to win in court?

Expect account agreements, monthly statements, payment history, and sworn affidavits tying the balance to you. Gaps, errors, or mismatched ownership can undermine the claim and support your defense.

1. Request a complete ledger
2. Compare balances and fees
3. Flag missing agreements

Can Truist sue me if the debt was sold to a debt buyer?

Only the current owner may sue. If Truist sold the account, the debt buyer must prove ownership through a clear chain of assignment and accurate records. Demand strict proof of standing and balance.

1. Ask for the assignment documents
2. Compare records to your statements
3. Challenge standing if proof is lacking

FAQs about Arbitration & Settlement Options

Can I force arbitration against Truist or LightStream?

Many Truist/LightStream agreements include an arbitration clause letting you move the case out of court. Look for the clause and follow the contract’s steps to move to compel arbitration.

1. Locate your card or loan agreement
2. Confirm an arbitration provision
3. Move to compel under the contract

Will Truist agree to a settlement or payment plan?

Often, yes—especially after you file an Answer. Negotiations can produce lump-sum discounts or structured payment plans. Get any deal in writing and ensure the case is dismissed with prejudice once paid.

1. Respond to the lawsuit first
2. Propose realistic terms
3. Insist on written dismissal terms

FAQs about Consumer Protection & Bankruptcy

Does the FDCPA apply to Truist as the original creditor?

The FDCPA regulates debt collectors, not most original creditors. However, law firms collecting for Truist are generally covered, and Texas’s Debt Collection Act also restricts abusive practices.

1. Identify who is contacting you
2. Document all communications
3. Save letters, emails, and call logs

Will bankruptcy stop a Truist lawsuit?

Yes. Filing bankruptcy triggers an automatic stay that pauses most collection, including lawsuits and garnishments. The right chapter depends on your income, assets, and goals—get a case review before deadlines.

1. Evaluate Chapter 7 vs. 13
2. Time the filing to protect assets
3. Preserve evidence and creditor notices

Discuss Your Situation With Our Debt Defense Attorneys

At Warren & Migliaccio, we represent and defend individuals and families facing debt collection lawsuits throughout the state of Texas. We have extensive experience and success going up against the nation’s largest creditors and debt collectors. If you are facing a Truist Bank lawsuit, we are here to help you achieve the best possible outcome for your situation. Notably, a class-action lawsuit filed in June 2024 alleges a data breach affecting employee personal information; litigation is ongoing.

Do not hesitate to contact us for a free, no-obligation consultation. We will review the claims against you, help you understand your situation, and discuss your legal options. Call us at (888) 584-9614 or fill out our online contact form, and we will contact you soon to schedule your free consultation.

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If you need to speak with an attorney at Warren & Migliaccio, L.L.P.  submit our contact form below or call (888) 584-9614 to schedule a free consultation.

Categories: Credit Card Lawsuit and Debt Tagged: Bankruptcy Tag, credit card lawsuit, debt collection, debt defense attorney, lawsuit

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Schedule a Free Consultation

If you need to speak with an attorney at Warren & Migliaccio, L.L.P.  submit our contact form below or call (888) 584-9614 to schedule a free consultation.

Proudly Serving Texans Statewide

We handle debt matters for individuals and families across the entire state of Texas.

Christopher Migliaccio, attorney in Dallas, Texas
About the Author

Christopher Migliaccio is an attorney and a Co-Founding Partner of the law firm of Warren & Migliaccio, L.L.P. Chris is a native of New Jersey and landed in Texas after graduating from the Thomas M. Cooley School of Law in Lansing, Michigan. Chris has experience with personal bankruptcy, estate planning, family law, divorce, child custody, debt relief lawsuits, and personal injury. If you have any questions about this article, you can contact Chris by clicking here.

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