Texas Debt Lawsuit Defense: Justice Court & Finance Code

Statutory limitations periods, civil procedure defense rules, and debt buyer evidentiary requirements in Texas.

Governing Statutory Framework

Procedural & Substantive Defenses in Texas

In Texas, consumer debt lawsuits under $20,000 are filed in Justice of the Peace (JP) Courts under relaxed rules of civil procedure. Texas Finance Code Chapter 392 prohibits deceptive collection tactics and provides statutory penalties. The statute of limitations for debt is strictly 4 years under CPRC § 16.004. Texas law strongly protects consumer wages: Texas Constitution Article XVI, § 28 strictly prohibits wage garnishment for consumer debts.

Mandatory Defense Steps for Texas Consumers

• Check the Summons Deadline: Immediately verify your response deadline. In Texas, missing your answer cutoff results in an immediate default judgment.
• Demand Chain of Title: File an Answer denying unauthenticated assignment claims. Force the debt buyer to produce the complete, unredacted Bill of Sale and cardholder agreement.
• Assert Statute of Limitations: If no payment has been made within the statutory period, raise the statute of limitations as your first affirmative defense.
• Challenge Unauthorized Fees: Review the complaint for unlawful interest charges, late fees, or attorney fees not authorized by original card agreements.

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