Sued by Credit One Bank in Texas: What to Check and What to Do

If your citation names Credit One Bank, N.A., the lawsuit comes from a national bank based in Las Vegas, Nevada. Federal Deposit Insurance Corporation records list it as an active bank, established in 1984, supervised by the Office of the Comptroller of the Currency (FDIC certificate 25620). Credit One issues Visa, Mastercard and American Express cards, many of them marketed to people rebuilding credit.

People sometimes mix up Credit One with Capital One. They are separate banks with separate card agreements. If your papers say Capital One, read our Capital One guide instead.

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Three Things to Find in the Papers Right Away

1. The court and the date you were served. In a justice court, your answer is due by the end of the 14th day after service (Texas Rule of Civil Procedure 502.5). In county or district court, it is due by 10:00 a.m. on the Monday after 20 days have passed (Rule 99(b)). Our answer deadline calculator does the counting.
2. The plaintiff's exact name. If it is Credit One Bank, N.A., you are dealing with the original creditor. If another company says it bought your Credit One account, that company is a debt buyer, and it must prove it owns your specific account. Texas also bars debt buyers from suing on time-barred consumer debt (Finance Code § 392.307). See our guides to debt buyers such as LVNV Funding.
3. The amount and how it is broken down. Compare it with your last statements before the account closed.

To confirm the case is real, call the clerk of the court on the citation and ask for the case by its cause number.

Read the Balance Closely: Fees Are Part of the Story

Credit One's card agreements list annual fees on many of its cards. The pricing filed for June 30, 2026, for example, shows some cards with a $75 annual fee for the first year and $99 a year after that, billed monthly at $8.25. The same pricing lists cash advance fees of $5 or 8% of the advance, whichever is greater. Your own card's pricing may differ.

Fees and interest can make up a meaningful part of a balance on a smaller credit line. That does not mean they were charged improperly, but it is a reason to ask for an itemized account history and compare it with the figure in the petition. In a justice court debt claim case, the petition must state the amount owed as of a specific date and whether the bank seeks ongoing interest (Rule 508.2). See what if the amount they're suing for is wrong?

The Arbitration Clause and the 45-Day Rejection Window

Credit One's current card agreement, as filed with the Consumer Financial Protection Bureau's agreement database for the second quarter of 2026, contains an arbitration provision with these terms:

• Either you or Credit One may, without the other's consent, require that a dispute go to binding arbitration.
• Arbitration is handled by the American Arbitration Association under its Consumer Arbitration Rules, or by another administrator both sides agree on.
• Claims filed in small claims court are not subject to arbitration as long as the case stays there and only individual claims are made.
• You can reject the arbitration provision, but only if Credit One receives your written rejection within 45 days after the provision was first provided to you, sent to Credit One Bank, Attention: Arbitration Opt Out, P.O. Box 98873, Las Vegas, NV 89193-8873.
• The provision survives a sale or transfer of the account, so a later owner of the debt may try to rely on it.

On costs, the agreement says Credit One pays the costs the administrator's rules require it to pay. If you start the arbitration, you pay your share of the initial filing fee unless you qualify for a waiver. Whether a Texas justice court counts as a "small claims court" under this clause, and whether arbitration helps or hurts you in a particular case, are questions to work through with a lawyer. See can a debt case be moved to arbitration?

Nevada Law, Texas Courtroom

The agreement says it is governed by the laws that apply to national banks and, where no such law applies, by Nevada law, regardless of where you live. That affects how the contract is read. The case itself still runs on Texas procedure: Texas deadlines, Texas rules of evidence and Texas exemption laws if a judgment is ever entered.

The agreement also says that if Credit One uses an attorney to collect the account, it may charge its legal costs "as permitted by law," including reasonable attorneys' fees and court costs. The judge decides whether any fee award is allowed and what amount is reasonable.

A California Judgment Over Collection Calls

On February 20, 2026, the Riverside County District Attorney announced a stipulated judgment against Credit One in a civil case (No. CVRI2101654, Riverside Superior Court) brought by the California Debt Collection Task Force, made up of the district attorneys of Riverside, San Diego, Santa Clara and Los Angeles counties. The complaint alleged that Credit One and its agents called California residents about debts with unreasonable and excessive frequency, sometimes after people asked them to stop or when the calls reached wrong numbers. Credit One denied the allegations. The judgment, entered February 19, 2026, required Credit One to pay $9 million in civil penalties and $1.2 million in investigative costs, to comply with state and federal law on debt collection calls and to maintain business practices designed to ensure compliance. That case concerned California consumers and says nothing about your case.

In Texas, the Texas Debt Collection Act covers creditors collecting their own debts. Among other things, it prohibits causing a phone to ring repeatedly or making repeated calls with the intent to harass (Finance Code § 392.302(4)). The outside law firm handling the lawsuit is generally a "debt collector" under the federal Fair Debt Collection Practices Act (Heintz v. Jenkins, 514 U.S. 291 (1995)). Once it knows you have a lawyer, it generally must deal with your lawyer instead of you (15 U.S.C. § 1692c(a)(2)). Any claim for a collection violation is a separate federal lawsuit, not a counterclaim, and a separate service from defending the debt case. See our FDCPA attorneys page.

Defenses That Come Up in Credit One Cases

• Proof. The bank must prove the account, the default and the balance with admissible records. Even on a default in justice court, the judge needs evidence before awarding damages (Rule 508.3).
• Limitations. Suit generally must be filed within four years after the claim accrues (Civil Practice and Remedies Code § 16.004). Against an original creditor, this is a defense you must raise, and in county or district court it must be pleaded (Rule 94).
• Identity and authorized users. If charges were made by someone you did not authorize, or the account was opened in your name without your knowledge, that goes to the heart of the claim.
• Amount. Payments not credited, fees not supported by the agreement or interest figured on the wrong balance can all be challenged.

How Texas Debt Law Can Help

We answer the lawsuit before the deadline, request the records the bank relies on, raise the defenses that fit and look for a resolution that works for you, whether that is a dismissal, a reduced lump sum or a payment plan. Our firm has had hundreds of debt lawsuits dismissed. We handle cases across Texas, mostly by phone, email and e-filing, and Spanish is spoken. Our phones are answered 7 days a week.

Flat fees from $400 with payment plans available. Call or text (214) 945-0000 for a free case evaluation.

Texas Debt Law is not affiliated with Credit One Bank. This guide is general information, not legal advice; your own agreement and facts control.

Sources

• Credit One Bank Credit Card Agreements (June 30, 2026), CFPB credit card agreement database
• Credit One Bank, National Association, FDIC BankFind
• Riverside County District Attorney, Credit One Bank settlement announcement (Feb. 20, 2026)
• Texas Rules of Civil Procedure (Rules 94, 99, 502.5, 508), Supreme Court of Texas
• Texas Finance Code, chapter 392 (§§ 392.302, 392.307)
• Texas Civil Practice and Remedies Code, chapter 16 (§ 16.004)
• 15 U.S.C. § 1692c, Legal Information Institute

General information, not legal advice for your case.