If you’re facing a Nebraska Furniture Mart lawsuit in Texas, the situation can feel confusing and stressful — but your priority is clear: respond on time so you don’t lose by default. The lawsuit papers should tell you why Nebraska Furniture Mart is suing, which court is handling the case, and how long you have to respond. Below, we explain what to expect and the options you may have to defend and resolve the case.
What Is Nebraska Furniture Mart, Inc.?
Nebraska Furniture Mart, or NFM, is a home furnishing retailer headquartered in Omaha, Nebraska. It has an online store and a few retail locations. One of its primary stores is the Dallas-Fort Worth store in The Colony, Texas. NFM offers a wide range of products, such as furniture, electronics, and appliances.
Why Is Nebraska Furniture Mart Suing Me?
As a large retailer, Nebraska Furniture Mart provides credit services to consumers. NFM offers financing options on purchases if the consumer opens a credit account with NFM. The consumer must use their NFM credit card to buy the items. Consumers can use their store cards to furnish their homes on credit and make payments over time.
If you have received a lawsuit notice from NFM, it may be due to a defaulted account. When a consumer fails to make payments as agreed by their credit agreement, NFM may consider the account in default. Nebraska Furniture Mart may take legal action against you to recover the money it alleges you owe and pursue other damages against you.
Nebraska Furniture Mart hires law firms that focus on consumer debt collection to represent it in litigation. It often works with the Dallas-based law firm Blalack & Williams, P.C. for its Texas cases.
Call (888) 584-9614 or click here to submit a consultation request form now.
Get Help Now
Does Nebraska Furniture Mart Repossess?
Yes, Nebraska Furniture Mart may pursue repossession if a consumer defaults on their account. Repossession is governed by secured-transactions law. If the contract creates a valid security interest and the consumer is in default, a secured creditor may be able to take possession of collateral through court process—or without court process if it can do so without a breach of the peace—subject to the agreement and applicable law. See Tex. Bus. & Com. Code § 9.609(a), (b)(2).
Under its credit terms, NFM may claim a purchase money security interest (PMSI) in goods financed on the account. See Tex. Bus. & Com. Code § 9.103 (definition of PMSI). If the agreement creates a valid security interest and you are in default, NFM may have the right to take possession of collateral under Texas law. In other words, NFM may be able to repossess furniture or other home goods financed on the account, based on what the agreement treats as collateral and the facts of the default.
If NFM is suing you, you may have more to worry about than losing the furniture or home goods you purchased. Nebraska Furniture Mart may seek all of the following damages from you:
- The balance it alleges you owe on your NFM credit card, including accrued interest
- Repossession of purchased property (if the goods are collateral under the agreement)
- Any interest that accrues on the claimed balance before judgment, if allowed by the contract or applicable law, and post-judgment interest after a money judgment. See Tex. Fin. Code §§ 304.001, 304.003, 304.005
- Attorneys’ fees
- Court costs
What Happens When You Get Sued by Nebraska Furniture Mart?
If Nebraska Furniture Mart sues you in Texas, you are usually served with a citation and petition (often called a summons and complaint). These papers should tell you why NFM is suing you, which court the case is in, and when your Answer is due. See Tex. R. Civ. P. 99.
When Nebraska Furniture Mart files a lawsuit, it wants a judgment from the court that will allow it to collect the damages it seeks from the consumer. Your top priority should be filing a formal response to the lawsuit with the court handling your case to defend yourself.
What We Consistently See in North Texas Debt Lawsuits
When people call us about a Nebraska Furniture Mart lawsuit in Dallas, Collin, Denton, or Tarrant County, they’re usually not “fine” — they’re worried they’ll lose automatically. What catches most clients off guard is how quickly a case can turn into a default judgment if the deadline slips by even once.
In our practice, the first move is almost always the same: we confirm the court and service details, calendar the Answer deadline, and file a response that preserves defenses. Then we pressure-test the claim — who the correct plaintiff is, whether the account records actually support the balance, and (when collateral is involved) what the contract really says about the goods.
The result is usually not “magic” — it’s leverage and time: fewer surprise outcomes, more chances to negotiate, and a better position to fight if the proof is thin.
The Takeaway: If you respond on time and make the creditor prove its case, you often avoid the worst-case path and keep control of your options.
Your deadline to file an Answer depends on the court. In Texas justice court, your Answer is generally due by the end of the 14th day after you are served (with limited weekend/holiday and court-closure adjustments). In county or district court, it is generally due by 10:00 a.m. on the Monday next after the expiration of 20 days after service. See Tex. R. Civ. P. 502.5(d)–(e); Tex. R. Civ. P. 99(b). We recommend working with an experienced Texas debt defense attorney to help you draft and file your Answer, so it best protects your interests and is filed correctly.
If you ignore the lawsuit, the court may award a default judgment to NFM. A default judgment means NFM may obtain judgment because you did not timely answer or appear as required. See Tex. R. Civ. P. 239 (district/county courts); Tex. R. Civ. P. 503.1 (justice courts).
If it gets a default judgment, it may pursue various collection methods to get its money, including post-judgment collection tools available under Texas law, such as a writ of garnishment (subject to exemptions and procedure) and a judgment lien created by recording an abstract of judgment against non-exempt real property. See Tex. Civ. Prac. & Rem. Code ch. 63.
What Are My Legal Options if Being Sued by Nebraska Furniture Mart?
You may have more options than you think to put a Nebraska Furniture Mart lawsuit behind you. Depending on your situation, you may be able to resolve the case through:
- Defense. You may have viable defense options to fight NFM’s allegations in court. Our debt defense lawyers can assess the strengths and weaknesses of NFM’s claims. Based on our investigation, we can then develop the strongest defense strategy for your situation.
- Negotiation. Attempting to negotiate a settlement outside of court with NFM may be in your best interest. Negotiating a settlement may actually benefit both parties. Because it occurs out of court, it is less costly and time-consuming than litigation. Additionally, NFM may be more inclined to settle because it avoids the risk of losing the case through litigation. Our lawyers may be able to help you reach a settlement that is less than the original alleged amount owed.
- Bankruptcy. Do you have debts that feel too overwhelming to manage? If so, you may consider exploring bankruptcy. Bankruptcy is an alternative form of debt relief that can pause most collection activity—including many lawsuits—while the case is pending because filing generally triggers an automatic stay. See 11 U.S.C. § 362. For those with debts that feel too overwhelming to manage, it can also offer a path toward a fresh financial start, depending on the chapter and your eligibility. Our debt defense lawyers are also experienced bankruptcy attorneys. We can explore this option with you and determine if it may fit your situation.
FAQs About Deadlines and Responding
How long do I have to answer a Nebraska Furniture Mart lawsuit in Texas?
In Texas, the deadline depends on the court. In justice court, an Answer is generally due by the end of the 14th day after service. In county or district court, it’s typically due by 10:00 a.m. on the Monday next after 20 days after service.
- Check the citation/summons for the court name and deadline details
- If you’re unsure which court you’re in, confirm before the deadline passes
What happens if I ignore a Nebraska Furniture Mart lawsuit?
Ignoring the lawsuit can lead to a default judgment, meaning Nebraska Furniture Mart may win because you didn’t respond. After judgment, the creditor can pursue collection tools allowed under Texas law, such as bank garnishment (in some situations) and property liens.
- Filing a timely Answer is usually the first step to avoid default
- Keep proof of filing and service for your records
What should I put in my Answer to a Nebraska Furniture Mart lawsuit?
A strong Answer usually focuses on timeliness and preserving defenses. Many defendants file a general denial (where permitted) and assert applicable defenses based on the facts and documents.
- Denials of the allegations you dispute
- Affirmative defenses that may apply
- Proof issues (contract, balance, payments, ownership)
What court will a Nebraska Furniture Mart lawsuit be filed in?
Nebraska Furniture Mart lawsuits in Texas are often filed in justice court, county court, or district court depending on the amount claimed and other factors. The citation/summons will tell you the court, precinct/county, and where to file your Answer.
- Read the citation carefully
- File in the court listed on your papers
FAQs About Collections, Repossession, and Garnishment
Can Nebraska Furniture Mart repossess my furniture in Texas?
Nebraska Furniture Mart’s revolving charge agreement includes repossession language tied to a purchase money security interest (PMSI) in merchandise not paid in full. That means repossession may be possible if you default and the goods are still collateral under the agreement.
- Repossession rights depend on the contract and the facts
- If collateral is involved, act quickly and get legal guidance
If they sue me, can they take my paycheck in Texas?
For most consumer debts, Texas generally does not allow wage garnishment of “current wages for personal services,” with limited exceptions (like child support or spousal maintenance). However, a creditor may still try other collection methods after judgment, depending on your assets and exemptions.
- Wage garnishment rules differ from bank garnishment rules
- A judgment can still lead to serious collection activity
Can Nebraska Furniture Mart freeze or take money from my bank account?
A creditor that gets a judgment may attempt bank account garnishment through a writ of garnishment in Texas, which can require a bank to freeze funds and answer the court. Exemptions can apply, and procedure matters—so act quickly if you’re served with garnishment papers.
- Don’t ignore garnishment documents
- Deadlines may be short once papers are served
Can Nebraska Furniture Mart freeze my bank account before they win a judgment?
In many cases, creditors generally need a judgment before they can use powerful court-enforced collection tools. However, procedures and exceptions can be complex, and court orders can create serious consequences once issued.
- Treat all court papers as urgent
- Get legal help quickly if your accounts are at risk
FAQs About Defenses and Time Limits
What defenses are common in a retail credit / store-card debt lawsuit?
Many defenses turn on what Nebraska Furniture Mart can prove with admissible records and correct parties. The best defense depends on your paperwork and payment history.
- Incorrect amount claimed (fees/interest/payment credits)
- Documentation gaps (agreement, account statements, assignment/ownership)
- Service or procedural problems
- Statute of limitations issues (when applicable)
What is the statute of limitations on debt in Texas?
Texas commonly applies a four-year limitations period for many consumer debts, and time-barred debt generally can’t be enforced through a new lawsuit once the period has run (though collection attempts may still occur). Because the start date can be disputed, confirm the “last payment/default” timeline before relying on this.
- The timeline can be contested
- Don’t assume the clock started when you think it did
What if the amount Nebraska Furniture Mart is suing for is wrong?
If the amount is incorrect, that can be a basis to dispute the claim and require proof. Errors can include missing credits, misapplied payments, improper fees, or incorrect interest calculations.
- Compare the claim to your records
- Request proof of the balance and how it was calculated
Can Nebraska Furniture Mart sue me if the account is in someone else’s name?
Nebraska Furniture Mart generally must sue the legally responsible party. If you are not the account holder or did not agree to be responsible, that can raise identity or liability issues that may be defensible.
- Check the name, address, and account identifiers
- Don’t assume “similar name” means it’s yours
What documents should I gather before responding to the lawsuit?
Gathering documents early helps you evaluate the claim, spot errors, and support defenses. Focus on records that show the account terms, payments, and the amount allegedly owed.
- The petition, citation, and any exhibits
- Account statements and receipts
- The contract/credit agreement and financing terms
- Proof of payments and disputes
FAQs About Settlement, Communication, and Costs
Can I settle a Nebraska Furniture Mart lawsuit (and is it better than going to court)?
Settlement is often possible, and it can reduce risk and cost compared to litigating—especially if the documents support the claim. A settlement may involve a lump sum, a payment plan, or a reduced payoff.
- Get all terms in writing before paying
- Confirm what happens to the lawsuit (dismissal or judgment terms)
- Avoid unaffordable payment plans
Should I call Nebraska Furniture Mart’s law firm (or their lawyer) directly?
Contacting the opposing law firm without a plan can create risk if you make admissions or agree to terms you can’t meet. A better approach is to first review the petition, account documents, and deadline, then respond strategically (often after legal review).
- Keep communications factual and documented
- Don’t miss your Answer deadline while negotiating
Will Nebraska Furniture Mart add attorney’s fees and interest if they sue?
Many debt lawsuits seek the alleged balance plus interest, court costs, and sometimes attorney’s fees, depending on the agreement and claims pleaded. Your case documents should list what they’re requesting.
- Compare the amount claimed to your records
- Challenge unsupported add-ons if they aren’t proven
Do I have to go to court if I file an Answer?
Filing an Answer does not always mean you will have a trial. Many cases resolve through dismissal, settlement, or pretrial procedures. Still, filing an Answer preserves your rights and keeps you in the case.
- An Answer prevents default
- Follow any notices for hearings or required steps
FAQs About Bankruptcy
Can bankruptcy stop a Nebraska Furniture Mart lawsuit?
Bankruptcy can impose an automatic stay that stops most collection activity, including many lawsuits, while the case is pending. Whether it’s a good option depends on your full debt picture, income, and goals.
- Bankruptcy can pause a lawsuit quickly
- The “best” chapter depends on your situation
Contact Warren & Migliaccio About Your Potential Legal Options
Are you facing a Nebraska Furniture Mart lawsuit in Texas? If so, consider contacting Warren & Migliaccio about your situation. Our experienced debt defense attorneys are happy to review NFM’s claims against you. We can discuss your options and how we can help you work toward the best possible outcome for your situation.
Our firm has office locations in Dallas and Richardson. However, we help individuals throughout Texas to resolve debt collection cases. Contact us today to schedule a consultation to discuss your legal options and next steps toward resolution. You can call one of our offices or contact us online, and we will contact you soon.
Call (888) 584-9614 or click here to submit a consultation request form now.
Get Help Now
