Sued by American Express in Texas: Your Options

American Express lawsuits have a few features of their own. Many Amex products are charge cards rather than traditional credit cards, the cardmember agreement has a detailed "Claims Resolution" section with a notice step, and the company has a history with regulators over how it collected old debts. Here is how those pieces fit into a Texas collection case, and what to do before your answer is due.

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Who Is Suing You

The current consumer cardmember agreements posted in the CFPB's credit card agreement database, dated as of June 30, 2026, list the issuer as American Express National Bank. In its annual report for 2025 filed with the Securities and Exchange Commission, American Express Company describes American Express National Bank (AENB) as its U.S. bank subsidiary, supervised and examined by the Office of the Comptroller of the Currency, with headquarters in Sandy, Utah. The agreements say American Express entered into the contract with you in Utah, where it holds your account.

If the plaintiff on your petition is a different company, such as a debt buyer that purchased an Amex account, the case is a debt-buyer case with different proof requirements. Either way, the plaintiff must show it is the party entitled to collect. Texas Debt Law is not affiliated with American Express.

Know Your Deadline

• Justice court (claims up to $20,000): answer by the end of the 14th day after you were served (Texas Rule of Civil Procedure 502.5).
• County or district court: answer by 10:00 a.m. on the Monday after 20 days from service (Rule 99(b)).

The deadline runs even if you are talking with Amex about a payment plan. Our answer deadline calculator can help you find your date.

Charge Card or Credit Card? Why It Matters for the Amount

Some Amex cards work differently from a traditional credit card. The current Gold Card agreement divides the account into a Pay In Full balance, which is due in full each month, and a Pay Over Time balance, and it describes interest charges on Pay Over Time and cash advance balances. Cards such as Blue Cash Everyday are traditional credit cards with a purchase APR.

When a lawsuit lumps everything into one number, it is fair to ask how that number was built: which part was a Pay In Full balance, which part accrued interest, which fees were added, and whether all payments and credits were applied. In a justice court debt claim case, the petition must state the amount owed as of a specific date and whether the plaintiff seeks ongoing interest (Rule 508.2), and the bank needs evidence of the amount due after all payments, credits and offsets (Rule 508.3).

What the Agreement Says About Fees and Governing Law

The agreements state that Utah law and federal law govern the agreement and the account. On collection costs, they say you agree to pay all reasonable costs, including attorneys' fees, that American Express incurs to collect what you owe. That wording is broader than some other issuers' clauses, but it is still limited to reasonable costs, and in a Texas lawsuit the court decides whether fees are recoverable and how much. A fee request is something your lawyer can challenge.

The Claims Resolution Section: Notice, Mediation and Arbitration

Amex's "Claims Resolution" section has three parts that are worth knowing about if you are sued:

1. A claim notice comes first. The agreement says that before beginning a lawsuit, mediation or arbitration, each side will send the other a written claim notice describing the claim and the relief demanded. Notice to you may be given on your billing statement or sent to your billing address. Whether a notice was given, and whether it matters, depends on the facts of your case.
2. Optional mediation. Within 30 days after a claim notice, either side may take the claim to JAMS or the American Arbitration Association for mediation, with Amex paying the mediator. Limitations periods are paused from the claim notice until mediation ends.
3. Arbitration on request. Either side may elect individual arbitration with JAMS or the AAA at any time unless the claim was filed in court and trial has begun or a final judgment was entered. Amex will not elect arbitration for an individual claim you file in small claims court. If an arbitrator rules in your favor for more than Amex's last offer, the agreement provides for an award of at least $5,000 plus reasonable attorneys' fees and costs.

Cardmembers could reject arbitration by mailing a signed notice to American Express, P.O. Box 981556, El Paso, TX 79998, within 45 days after their first card purchase. A valid rejection also covers the cardmember's other open American Express accounts, except Corporate Card accounts. Whether arbitration is worth raising in a collection case is a judgment call; our answer on whether a debt case can be moved to arbitration explains the trade-offs.

The 2012 CFPB Orders on Collecting Old Debt

On October 1, 2012, the CFPB issued consent orders against three American Express subsidiaries: American Express Centurion Bank, American Express Bank, FSB, and American Express Travel Related Services Company (File Nos. 2012-CFPB-0002, 0003 and 0004). Among other findings, the CFPB found that the companies told consumers that paying off old debt would be reported to the credit bureaus and could improve their credit scores, when Amex was not reporting those payments and many of the debts were too old to appear on credit reports anyway. It also found that some consumers were told part of a debt would be waived or forgiven under a settlement offer, when for customers who later applied for a new Amex card the debt was not actually forgiven. The orders required refunds of an estimated $85 million to about 250,000 customers across all of the violations, and required the companies to tell consumers when a debt they were collecting would not be reported because of its age. Federal regulators also imposed $27.5 million in penalties.

Those orders concern conduct between 2003 and 2012 and say nothing about your account or your case. They are a reminder to get any settlement's credit-reporting terms, and any promise about forgiveness, in writing. Under federal law, most negative items, including collection accounts, can be reported for about seven years (15 U.S.C. § 1681c(a)); see how long a collection can stay on your credit report.

Defenses That Often Matter

• Proof. The bank must show the account was issued to you, that you defaulted, and the correct balance. Authorized users and joint accounts can raise questions about who is actually liable.
• Limitations. Texas generally requires suit within four years after the claim accrues (Civil Practice and Remedies Code § 16.004). Against Amex as the original creditor, this is a defense you must raise; it must be pleaded in county or district court (Rule 94). The debt-buyer statute, Finance Code § 392.307, does not apply to Amex itself.
• Business cards. If the account is an Amex business card, the federal Fair Debt Collection Practices Act and the Texas Debt Collection Act protect consumers, not business debts, and the agreement determines who is liable. See business debt lawsuits.

When a Judgment Has Already Been Entered

If you learn about the case after a default judgment, move quickly. In justice court, a motion to set aside or for a new trial is due within 14 days after the judgment is signed; in county or district court, a motion for new trial is due within 30 days (Rule 329b). After that, options are narrower. If the judgment stands, Texas law still protects current wages from garnishment for consumer debt, your homestead, and exempt personal property, and judgments can often be negotiated. Our post-judgment settlement page explains how; post-judgment work uses the same flat fees as debt defense.

Talk With a Texas Debt Defense Lawyer

Attorney Shawn Jaffer has handled thousands of debt collection lawsuits in Texas, and our firm has had hundreds of debt lawsuits dismissed. We charge flat fees from $400, offer payment plans, serve clients statewide and speak Spanish. If an outside collector or law firm violated the law while collecting, a claim under the FDCPA or the Texas Debt Collection Act is a separate federal lawsuit, not a counterclaim, and a separate service.

Call or text (214) 945-0000. We answer 7 days a week.

This page provides general information about Texas law. It is not legal advice and does not create an attorney-client relationship. American Express is named only to describe lawsuits over American Express accounts.

Sources

• American Express Company, Form 10-K for 2025, U.S. Securities and Exchange Commission
• Blue Cash Everyday Card Member Agreement (as of June 30, 2026), American Express National Bank, CFPB credit card agreement database
• American Express Gold Card Member Agreement (as of June 30, 2026), American Express National Bank, CFPB credit card agreement database
• CFPB Orders American Express to Pay $85 Million Refund (Oct. 1, 2012), CFPB
• Consent Order, In re American Express Centurion Bank, File No. 2012-CFPB-0002, CFPB
• Texas Rules of Civil Procedure (Rules 94, 99, 329b, 502.5, 505.3, 508), Supreme Court of Texas
• Texas Civil Practice and Remedies Code, chapter 16 (§ 16.004)
• 15 U.S.C. § 1681c (reporting periods for adverse information), Legal Information Institute

General information, not legal advice for your case.