Texas Debt Lawsuit Defense Attorneys

If a bank, debt buyer or collection agency has sued you in Texas, you have a short, fixed time to respond, and what you do in that window shapes everything that follows. Texas Debt Law defends consumers in debt lawsuits in justice, county and district courts across the state. We file the Answer, hold the plaintiff to its proof, raise the defenses the law gives you, and negotiate when a settlement is the better path.

Free Case Evaluation(214) 945-0000

Sued for a debt in Texas? Your answer deadline comes first

The papers you received are a citation (the notice from the court) and a petition (the plaintiff's claim). The deadline to file a written Answer depends on the court:

• Justice court: by the end of the 14th day after you were served (Texas Rule of Civil Procedure 502.5). If that day falls on a weekend or legal holiday, the deadline moves to the next business day.
• County or district court: by 10:00 a.m. on the Monday after 20 days have passed since service (Texas Rule of Civil Procedure 99(b)).

Our answer deadline calculator gives you an estimate from your service date; file early rather than on the last day. Calling the collector or the plaintiff's lawyer does not pause the deadline, and a promise to "work something out" is not a filing.

If no Answer is filed, the plaintiff can ask for a default judgment. A judgment lets the creditor try to garnish bank accounts and place a lien on non-exempt real estate. Texas does protect a great deal: current wages cannot be garnished for consumer debt (Texas Constitution article XVI, section 28), and homesteads and most personal property are exempt (Texas Property Code chapters 41 and 42). But it is far easier to defend a case than to undo a judgment.

Which Texas court is hearing your case

Justice court. Justice courts hear civil cases up to $20,000, not counting interest (Texas Government Code § 27.031). Many credit card and personal loan suits are filed here. When the plaintiff is a debt buyer, a debt collector, a bank or a lender, the case is a debt claim case under Rule 508. That rule requires the petition to state specific facts, such as the account number, the charge-off date, and, for assigned debt, the date of the assignment and the names of prior owners. It also requires the plaintiff to prove its damages with evidence before a default judgment is granted. Discovery in justice court requires the judge's approval. Our guide to debt claim cases under Rule 508 covers the details.

County and district court. Larger balances go to county or district court, where the full Texas Rules of Civil Procedure and Rules of Evidence apply. Two deadlines in these courts catch many unrepresented defendants. Requests for admissions not answered within 30 days can be deemed admitted. And for summary judgment motions filed on or after March 1, 2026, the written response is due 21 days after the motion is filed, under the rewritten Rule 166a (see our update).

Where you can be sued. For a consumer debt, a creditor may sue only in the county where you actually signed the contract or the county where you live when the suit is filed (Texas Civil Practice and Remedies Code § 15.035(b)). The federal Fair Debt Collection Practices Act has a similar rule for debt collectors (15 U.S.C. § 1692i).

Who is suing you: banks, debt buyers and collection law firms

Texas debt suits are usually filed by one of three kinds of plaintiffs:

• Original creditors, such as Capital One, Discover and American Express, suing on their own accounts.
• Debt buyers, such as Midland Funding, Portfolio Recovery Associates and LVNV Funding, which buy charged-off accounts and sue in their own names.
• Collection law firms that file large numbers of suits for either kind of client.

The difference matters. An original creditor has its own records. A debt buyer has to prove that it owns your account, usually through a chain of assignments from the original bank, and the records that came with the purchase may be incomplete. Debt buyers typically rely on a business records affidavit signed by their own employee about records another company created. Whether those records are admissible under Texas Rules of Evidence 803(6) and 902(10) is often the central fight in the case. See the debt buyers most active in Texas courts.

Common defenses to a debt lawsuit in Texas

Every case turns on its own documents, but these defenses come up again and again:

• Statute of limitations. A suit on a debt generally must be filed within four years after the claim accrues (Civil Practice and Remedies Code § 16.004). Debt buyers may not sue on consumer debt once that period has run, and a payment does not revive it (Texas Finance Code § 392.307). Limitations is an affirmative defense, so it has to be raised in the Answer.
• Lack of ownership (standing). A generic bill of sale that doesn't identify your account may not prove the plaintiff owns it.
• Wrong amount. Interest and fees must be authorized by the agreement or by law, and the balance must account for payments and credits.
• Improper service or venue. Service has to follow the rules exactly, and the suit must be in a proper county.
• Not your debt. Identity theft, a mixed-up file, or an account you were only an authorized user on.
• Payment or prior settlement. A debt that was already resolved can't be collected again.

Some denials must be made under oath to be effective, such as those listed in Rule 93 and denials of a suit on a sworn account under Rule 185. Read more in defenses to a debt collection lawsuit and the statute of limitations on credit card debt.

If the plaintiff or its collector broke the law while collecting, for example by suing on a time-barred debt or misstating the amount owed, you may have a claim under the FDCPA or the Texas Debt Collection Act. Those claims are handled under a separate engagement; see our Texas FDCPA attorneys page.

Settling a Texas debt lawsuit: options and trade-offs

Defending a case and negotiating it are not opposites. A filed Answer and real defenses usually put you in a better position to talk. Depending on the evidence and your goals, a case may end in:

• Dismissal, when the plaintiff can't or won't prove its case. A dismissal with prejudice means the claim can't be refiled.
• A lump-sum settlement for less than the amount claimed, followed by dismissal.
• A payment plan, ideally one that ends in dismissal rather than a judgment.
• An agreed judgment, which we approach with caution because it gives the plaintiff an enforceable judgment if a payment is missed.

Any settlement should be in writing before money changes hands, state that the account is resolved in full, and require a dismissal with prejudice. Forgiven debt of $600 or more may be reported to the IRS on Form 1099-C, so ask a tax professional how a settlement affects you. We can't predict what a particular plaintiff will accept, and we won't recommend paying before your deadline is protected.

Flat fees for debt lawsuit defense

We charge a flat fee based on the amount of the lawsuit, not hourly billing. Fees start at $400, and payment plans are available.

The fee covers filing your Answer, defending the lawsuit, and negotiating with the plaintiff. We'll explain at the start what your fee includes and what, if anything, would cost extra. For suits over $20,000, call for a quote. The pricing page has a fee calculator.

What happens after you hire us

1. Review. We read your citation and petition, confirm the court and the answer deadline, and check the dates for limitations problems.
2. Answer. We file your Answer, with any required verified denials and affirmative defenses, through the state e-filing system and serve the plaintiff's lawyer.
3. Proof. We ask for the account agreement, statements, assignment documents and payment history, and we answer any discovery served on you so nothing is deemed admitted.
4. Motions and hearings. We respond to summary judgment motions and appear for hearings. Texas courts may hold some proceedings by video or phone under Rules 21d and 500.10, and you usually won't need to attend routine settings.
5. Resolution. We bring every settlement offer to you, and you decide. If the case goes to trial, we try it.

Most of our work is done by phone, email and e-filing, so you don't need to visit our Frisco office. We speak Spanish.

Debt defense in courts across Texas

The rules above apply statewide, but each county has its own clerks, justice court precincts and local practices. Our city pages cover where cases are filed and the local resources in each area, including Houston, San Antonio, Dallas, Austin, Fort Worth and El Paso.

If a judgment has already been signed against you, the deadlines are shorter and the options are different. A justice court default can be challenged within 14 days after it is signed; in county or district court, a motion for new trial is due within 30 days. Our post-judgment debt settlement page explains what a judgment allows and how it can be resolved.

Frequently asked questions

Can I go to jail for not paying a credit card debt in Texas?

No. The Texas Constitution prohibits imprisonment for debt. You must still respond to the lawsuit and obey court orders, because ignoring an order is a separate problem.

My answer deadline already passed. Is it too late?

Not necessarily. Until a default judgment is signed, an Answer can usually still be filed, and the court must consider it. Call us the same day.

The company suing me isn't the one I had a card with. Why?

Your account was probably sold to a debt buyer. That buyer has to prove it owns your specific account, which is often where these cases are won or lost. See why a company you've never heard of is suing you.

Should I just pay to make it go away?

Not before your Answer is on file and you know your defenses. A payment doesn't stop a lawsuit without a written agreement. More answers are in our debt lawsuit Q&A.

Talk to a Texas debt defense lawyer today

Our firm has had hundreds of debt lawsuits dismissed, and every case starts with a free review of your papers. Call or text (214) 945-0000, or start your case evaluation online. Have your citation and petition ready, and tell us the date you were served.

Sources

• Texas Rules of Civil Procedure and Rules of Evidence (Texas Judicial Branch), including Rules 93, 99, 166a, 185, 198, 500.9, 502.5 and 508
• Texas Government Code § 27.031 (justice court jurisdiction)
• Texas Civil Practice and Remedies Code § 16.004 (four-year limitations)
• Texas Finance Code ch. 392, including § 392.307 (debt buyers and time-barred debt)
• Texas Property Code ch. 42 (personal property exemptions)
• 15 U.S.C. § 1692i (FDCPA venue)

General information, not legal advice for your case.