Sued by Moss Law Firm, P.C. in Texas: How to Respond

When the signature block on your lawsuit says Moss Law Firm, P.C., the papers came from a law firm that handles consumer collection cases across Texas. The firm is the creditor's lawyer, not the creditor. The company asking the court for money is the plaintiff named in the caption at the top of the petition (in suits like these, often a bank or a debt buyer), and that company is the one that has to prove the debt.

Below we cover what the firm says about itself, how to check that your case is real, the deadline that matters most, and the questions to ask if the suit has the wrong person, a wrong name or a wrong amount.

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Who Is Moss Law Firm, P.C.?

The firm's website describes Moss Law Firm, P.C. as "a consumer collections firm serving the entire state of Texas." Its team page lists two shareholders and a group of associates, each with a Texas State Bar number, working from Lubbock, Dallas, Fort Worth, San Antonio and Houston. The phone number on the site is (888) 607-7228. The site does not list a street address.

A federal court has described the firm the same way. In Smith v. Moss Law Firm, P.C., No. 3:18-CV-2449-D (N.D. Tex. Feb. 6, 2020), the court wrote that Moss "is a law firm that exclusively represents creditors in suits to collect consumer debts." That case is discussed below.

Because its lawyers are spread around the state, a Moss case can be filed in a justice court in a small county just as easily as in Dallas, Harris or Bexar County. Where you are sued matters less than when you answer.

Texas Debt Law is not affiliated with Moss Law Firm, P.C.

Check the Case Before You Do Anything Else

Scammers sometimes borrow the names of real law firms. A genuine Texas suit has a citation issued by the court clerk and a petition with a cause number and the name of a specific court. To verify it:

• Find the court's phone number on the county's official website (not on the papers) and ask the clerk whether that cause number is a pending case against you.
• Look up the attorney who signed the petition in the State Bar of Texas directory and compare the bar number with the one in the signature block.
• If you call the firm, use the number on its own website.

Our Q&A on telling a real lawsuit from a scam lists other warning signs.

The Answer Deadline

Your deadline comes from the Texas Rules of Civil Procedure and starts running on the day you were served:

• Justice court (claims up to $20,000 under Government Code § 27.031): a written answer is due by the end of the 14th day after service (Rule 502.5).
• County court at law or district court: the answer is due by 10:00 a.m. on the Monday after 20 days from service (Rule 99(b)).

Phone calls, letters and payment talks with the firm do not extend either deadline. Enter your service date in our answer deadline calculator to see your date.

When the Suit Names You but the Debt Isn't Yours

Mix-ups between people with similar names happen in collection cases, especially within families. The Smith case is an example. According to the court's opinion, Moss filed suit in a Dallas County justice court in 2017 for a bank client to collect a credit card debt owed by a man whose name ended in "II." The petition left off the suffix, and the papers were served on his father, who had the same name and lived at the same address. The father's wife called the firm, which, the opinion says, told her it was not trying to collect from him. The firm later nonsuited (voluntarily dropped) the collection case. The father then sued the firm under the federal Fair Debt Collection Practices Act (FDCPA) and the Texas Debt Collection Act.

The firm asked for summary judgment. The court denied the motion, which meant the claims could go forward. The ruling did not find that the firm broke any law, and it says nothing about how your case will turn out. Its practical lesson is simple: if you were served, you are a party until the court says otherwise.

If the papers are meant for someone else, or for an account you never opened:

1. Answer anyway. A phone call does not take your name off the case. A default judgment can be entered against the person who was served.
2. Keep everything. Hold on to the citation, the petition and any notes of calls. In Smith, the man who was served kept his copy instead of sending it back to the firm.
3. Raise identity in your answer. Depending on the court and the kind of claim, some denials must be made under oath, so get advice before you file.
4. If it is identity theft, Texas Finance Code § 392.308 (added in 2025) requires collectors who receive a court order declaring you a victim to stop collecting that debt. See our update on H.B. 4238.

What the Plaintiff Has to Prove

A creditor suing on a credit card or loan must prove that you (not someone with your name) had the account, that the account went into default, and how much is owed after payments and credits. If a debt buyer is the plaintiff, it must also prove that it owns your account. In justice court, Rule 508 requires a debt-claim petition to include details such as the account name and masked account number, the charge-off date if known, and, for an assigned debt, the original creditor and the assignment.

Defenses that often come up in these cases:

• Wrong person. The account belongs to a relative or a stranger with a similar name.
• Limitations. Texas generally allows four years to sue on a debt (Civil Practice and Remedies Code § 16.004), and a debt buyer may not sue on a time-barred consumer debt (Finance Code § 392.307).
• Amount. Interest, fees or attorney's fees the contract or the law does not support.
• Service. If the papers were left with someone else or posted on a door, the return of service has to match the rules and any court order.

Dealing With the Firm

The U.S. Supreme Court held in Heintz v. Jenkins, 514 U.S. 291 (1995), that lawyers who regularly collect consumer debts through litigation are "debt collectors" under the FDCPA. In practice:

• The firm may not make false or misleading statements about the debt or the lawsuit (15 U.S.C. § 1692e).
• You may dispute the debt in writing; a timely dispute within the validation period requires verification before collection continues (§ 1692g).
• Once the firm knows a lawyer represents you on the debt, it generally must deal with the lawyer, not you (§ 1692c(a)(2)).

You can still talk settlement. If you do, file your answer first, and read any proposed agreement for the words "agreed judgment" before you sign.

If a Collector Breaks the Rules

If any collector misrepresents what you owe, threatens something it cannot do, or ignores the rules above, you may have a claim under the FDCPA or the Texas Debt Collection Act (Finance Code ch. 392). We do not bring those as counterclaims in the debt case. When the facts support a claim, we file it as a separate lawsuit in federal court, which is a separate service from your debt defense. FDCPA claims generally must be filed within one year of the violation (§ 1692k(d)). Learn more on our Texas FDCPA attorneys page.

How We Help

Texas Debt Law defends Texans in debt suits in every part of the state, including the Lubbock area, mostly by phone, email and e-filing. Attorney Shawn Jaffer and our team file your answer, check the petition and the proof, raise the defenses that fit your facts, and negotiate when that serves you. Our phones are answered seven days a week, and we speak Spanish.

Debt defense is a flat fee based on the amount of the suit, with flat fees from $400 and payment plans available:

Call or text for a free case review, or read more about our Texas debt defense attorneys.

Sources

• Moss Law Firm, P.C., official website (firm description, phone)
• Moss Law Firm, P.C., Our Team (attorneys, Texas bar numbers, cities)
• Smith v. Moss Law Firm, P.C., No. 3:18-CV-2449-D (N.D. Tex.), GovInfo case record
• Smith v. Moss Law Firm, P.C., Memorandum Opinion and Order (N.D. Tex. Feb. 6, 2020), copy of the opinion
• Heintz v. Jenkins, 514 U.S. 291 (1995)
• Texas Rules of Civil Procedure (Rules 99, 502.5, 508)
• Texas Civil Practice and Remedies Code ch. 16 (§ 16.004)
• Texas Finance Code ch. 392 (§§ 392.307, 392.308)
• 15 U.S.C. § 1692c (FDCPA communication rules)

General information, not legal advice for your case.