If you are facing a credit card debt lawsuit in Texas, it is important to be aware of the various defenses that you may be able to raise in response to the lawsuit. An experienced debt lawsuit defense attorney at Jaffer & Associates can help you navigate the legal system and ensure that your rights are protected. Here are some of the defenses that may be available to you under Texas law.
- (1) Statute of Limitations: Texas has a statute of limitations for debt collection, which limits the amount of time that a creditor has to sue for a debt. If the statute of limitations has passed, you may be able to argue that the creditor is no longer able to collect on the debt and the lawsuit should be dismissed.
- (2) Mistake in the calculation of the debt: There may be instances where the creditor has made a mistake in calculating the amount of the debt. If this is the case, you may be able to argue that the amount claimed in the lawsuit is incorrect.
- (3) Lack of evidence: The creditor must prove that you owe the debt by presenting evidence in court. If they are unable to do so, the lawsuit may be dismissed.
- (4) Payment or satisfaction of the debt: If you have already paid the debt or have reached a settlement with the creditor, you may be able to argue that the debt has been satisfied and the lawsuit should be dismissed.
- (5) Illegality of the debt: There may be instances where the debt was incurred under illegal or unethical circumstances. If this is the case, you may be able to argue that the debt is not enforceable and the lawsuit should be dismissed.
- (6) Improper service of the lawsuit: In order for a lawsuit to be valid, the defendant must be properly served with the lawsuit. If you have not been properly served, you may be able to argue that the lawsuit is not valid.
- (7) Fair debt collection practices: Under the Fair Debt Collection Practices Act (FDCPA), debt collectors are prohibited from using certain practices in their efforts to collect a debt. If a debt collector has violated the FDCPA, you may be able to raise this as a defense in the lawsuit.
These are just a few of the defenses that may be available to you in a credit card debt lawsuit in Texas. It is important to seek the help of an experienced debt lawsuit defense attorney at Jaffer & Associates to ensure that your rights are protected and to increase your chances of a successful outcome.