How to Get a Credit Card Lawsuit Dismissed in Texas

Clients Helped

48000 +

Cases Defended

75000 +

5 Star Reviews

950 +

Getting a case dismissed means either the Plaintiff dismisses the case or the Court dismisses the case. If there is a trial the Court will usually not dismiss the case but instead rule for the Plaintiff or Defendant with a judgment. This is often a risky proposition to leave it all up to the judge. Here are some strategies to try to win the case or force Plaintiff to dismiss.

Toll Free: 800-220-4318

1. Challenge the Plaintiff’s Documentation

One of the most effective defenses is questioning whether the party suing you actually owns the debt and if they can prove it by way of the bill of sale and other documentation.

In Eaves v. Unifund CCR Partners, the defendant argued that the debt buyer couldn’t prove it owned the debt. The court emphasized that ownership must be backed by admissible evidence, such as a bill of sale that specifically mentions your account.

👉 Takeaway: If the plaintiff can’t prove they legally own the debt through enough evidence. the court may dismiss the case or rule in your favor at trial

2. Assert the Statute of Limitations Defense

In Texas, a creditor usually has four years from the date of default to sue on a credit card debt. This is outlined under the Texas Civil Practice and Remedies Code Section 16.004(c).

👉 Pro Tip: Look for the last payment date. If more than four years passed before the lawsuit was filed, the case could be dismissed on limitations grounds.

3. Dispute the Evidence

Many credit card lawsuits rely on records that may not hold up under scrutiny, especially from debt buyers. These might include:

Generic account statements
Affidavits signed by someone with no personal knowledge
Hearsay documents

Courts may exclude this type of evidence if it doesn’t meet the rules of admissibility. Without reliable evidence, the plaintiff can’t meet their burden of proof.

👉 Best Practice: It’s best to hire an attorney and debt defense law firm on a fixed fee with payment plans to examine the evidence and lodge defenses.

4. Motion to Compel Arbitration

If successful this usually gets the case abated or paused for a period of time.

Under the Texas Civil Practice and Remedies Code § 171.021, and Federal Arbitration Act (when interstate commerce is involved, which credit card agreements almost always are), courts must honor valid arbitration agreements.

Texas courts have held that when a valid arbitration clause covers the dispute, the proper remedy is:

Compel arbitration
Abate the case while arbitration proceeds

👉 Best Practice: Filing a motion to compel arbitration is a complex process and usually indicates that you proceed with the case in arbitration. The case simply does not go away contrary to many online articles.

5. Negotiate or Settle Strategically

Many times dismissal is not worth the risk based on the evidence proceeded. It is often not worth risking a judgment at trial if settlement can be considered. Many debt buyers and creditors are open to settling for a reduced amount when faced with a well-prepared defenses.

Final Thoughts

Getting a credit card lawsuit dismissed in Texas is possible but often is difficult. You need to use proper defenses and strategy. often settlement is a better option than risking a judgment against you at trial. If you are being sued for debt in Texas contact us at Weston Legal

Mike Weston, Esq.

Mike Weston is a seasoned debt lawsuit defense attorney and founder of Weston Legal. Since 2005, Mike has devoted his career to compassionately helping consumers struggling with issues involving their personal and business debts. Mike is grateful to have been able to help tens of thousands of clients become empowered with knowledge on the path to financial stability.