Sued by Javitch Block LLC in Texas: A Guide for Defendants

Many Texans who find Javitch Block LLC on a lawsuit have never heard of it, and searching the name turns up an office in Cleveland, Ohio. That can make the papers look suspicious. In fact, the firm has Texas-licensed attorneys, and a lawsuit it files in a Texas court is as binding as any other. The useful question is not where the firm is based, but who hired it and what that client can prove.

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What the Firm Says About Itself

Javitch Block's website describes it as a law firm concentrating in creditor representation, with its primary work in collections and insurance subrogation. The site lists offices in Cleveland (1100 Superior Avenue, 19th Floor) and Nashville, a consumer phone number of 800-837-0109, and a notice that it is a debt collector attempting to collect a debt. Its FAQ says the firm does not furnish information to the credit reporting agencies.

The firm's own attorney index lists lawyers licensed in Texas and located in Houston, San Antonio, Dallas and McKinney. State Bar of Texas records likewise list Texas-licensed attorneys with Javitch Block, including one at 275 W Campbell Road in Richardson. So while the firm's listed offices are outside Texas, it has lawyers here who can file and appear in Texas courts.

Texas Debt Law is not affiliated with Javitch Block LLC.

The Firm Is the Lawyer; Look for the Real Plaintiff

The plaintiff is named in the caption of the petition, usually as "[Company] v. [Your Name]." Collection firms like this one typically file for banks and for debt buyers, companies that purchase charged-off accounts. Which of the two is suing you changes the defense:

• If the plaintiff is the original lender, the focus is usually the agreement, the balance, the fees and limitations.
• If the plaintiff is a debt buyer, it must also prove that it owns your particular account, and Texas adds special protections against stale debt.

Not sure which one you have? See the difference between the original creditor and a debt buyer.

Your Deadline Comes First

Write down the date you were served. In justice court, your answer is due by the end of the 14th day after service (Rule 502.5). In county or district court, it is due by 10:00 a.m. on the Monday after 20 days have passed since service (Rule 99(b)). If you miss it, the plaintiff can ask for a default judgment. Our answer deadline calculator does the counting for you.

To confirm the suit, call the clerk of the court named on the citation, using the number on the county's official website, and give the cause number. You do not need to rely on any phone number printed in a letter.

When a Debt Buyer Sues: Proving Ownership

A debt buyer did not lend you money. It stands in the shoes of the original creditor only if it can show a chain of transfers that ends with your account. In practice that means documents such as bills of sale and the account-level data identifying your account in the portfolio that was sold. A general bill of sale that does not identify your account, or a gap between the original creditor and the plaintiff, can be a serious problem for the plaintiff.

Ownership is raised through the answer and pursued through discovery. Read what lack of standing means in a debt buyer case, and for examples involving specific buyers see our guides on LVNV Funding and Midland Credit Management.

Old Debts and Texas's Debt Buyer Rule

Texas generally gives a creditor four years to sue on a debt (Civil Practice and Remedies Code § 16.004). For debt buyers, Finance Code § 392.307 goes further: a debt buyer may not sue, or start arbitration, on a consumer debt after the limitations period has run, and a payment or other activity on the account does not revive the right to sue. See our update on H.B. 996 and time-barred debt.

Federal rules point the same way. Under Regulation F, a debt collector may not sue or threaten to sue on a time-barred debt (12 C.F.R. § 1006.26(b)). Limitations still has to be raised in your case, so check your last payment date and the charge-off date carefully.

Where You Can Be Sued

An out-of-state firm cannot pick a convenient courthouse. The FDCPA requires a debt collector suing a consumer to file either where the consumer signed the contract or where the consumer lives when the suit is filed (15 U.S.C. § 1692i). If you were sued in a county where you did not live and did not sign the agreement, tell your lawyer right away. See where can a creditor sue me in Texas?

Your Rights When Dealing With the Firm

Because a law firm that regularly collects consumer debts through litigation is generally a "debt collector" under the FDCPA (Heintz v. Jenkins, 514 U.S. 291 (1995)), Javitch Block must follow the same federal rules as any collection agency, including:

• no false, deceptive or misleading statements (15 U.S.C. § 1692e) and no unfair collection methods (§ 1692f);
• no direct contact with you about the debt once it knows you have a lawyer, generally (§ 1692c(a)(2));
• Texas rules under the Texas Debt Collection Act, which prohibits threats, coercion and misrepresentation (Finance Code §§ 392.301–.304).

If those rules are broken, you may have a claim. We bring such claims, when warranted, as a separate lawsuit in federal court, not as a counterclaim in the collection case, and that work is a separate service from your debt defense. Learn more from our Texas FDCPA attorneys.

Payment Plans: The Client Decides

The firm's FAQ notes that it cannot guarantee a proposed payment arrangement will be accepted by its client. That is true of every collection firm: the lawyer negotiates, but the plaintiff approves. Two takeaways:

• An offer you make over the phone is not a deal until it is in writing and accepted.
• Nothing about negotiating extends your answer deadline, so file first and negotiate second.

For what to look for in the paperwork, see can I settle a debt lawsuit?

How Texas Debt Law Handles These Cases

We defend consumers across Texas, mostly by phone, email and e-filing. In a debt buyer case, that usually means filing an answer that raises ownership, limitations and the other defenses that fit; pressing for the documents behind the chain of title; and holding the plaintiff to its burden of proof, while staying open to a resolution that works for you. We speak Spanish, and our phones are answered seven days a week.

Defense is a flat fee based on the amount of the lawsuit. Flat fees start at $400, and payment plans are available:

Learn more about our Texas debt defense attorneys, or call for a free case evaluation.

Sources

• Javitch Block LLC, official website (firm description, offices, phone)
• Javitch Block LLC, attorney index (Texas-licensed attorneys)
• Javitch Block LLC, consumer FAQs
• State Bar of Texas, Find a Lawyer directory
• Texas Finance Code ch. 392 (§§ 392.301–.304, 392.307)
• Texas Civil Practice and Remedies Code ch. 16 (§ 16.004)
• 15 U.S.C. § 1692i (venue for suits by debt collectors)
• 12 C.F.R. § 1006.26 (Regulation F, time-barred debts)
• Heintz v. Jenkins, 514 U.S. 291 (1995)
• Texas Rules of Civil Procedure (Rules 99, 502.5)

General information, not legal advice for your case.