How to get a debt lawsuit dismissed in Texas?
This can be very stressful if you find out that someone has filed a debt lawsuit against you. You can reduce your stress if you know how to get away from this lawsuit.
In this article, we will discuss the ways through which you can dismiss the debt lawsuit filed against you in Texas.
Understanding the Debt Lawsuit Process in Texas
In Texas, if you have a debt lawsuit against you, you will receive the debt claim papers, including summons and a complaint. These papers will inform you about all the details of a claim the creditor or plaintiff has filed against you.
You must respond to these legal papers within 20 days; if you fail to respond, the creditor will get the default judgment. Before responding to the legal notice, you must know the available ways to get a debt claim dismissed.
Grounds for Dismissing a Debt Lawsuit in Texas
- Lack of Standing
If you find out that the plaintiff has lack of standing, you have the chance to dismiss the case. The creditor or plaintiff needs to have appropriate lawful standing to litigate you. Sometimes creditors used to sell their debt to someone else. In this case, the other party will collect the debt from you. But they must have proper Legal Documentation that will prove the debt is sold to them.
Before responding to the legal notice, you must make sure to check the documentation. If the other party will not be able to provide the debt owing documentation, you can file the motion to dismiss the debt case based on lack of standing.
- Statute of Limitations
In Texas State, any creditor or plaintiff must follow the statute of limitations to file the debt lawsuit. The statute of limitations to file the debt lawsuit is four years. After fours, this debt lawsuit cannot be filed.
If any creditor is filing the debt lawsuit against you after the four years, you can file the motion to dismiss the case based on the statute of limitations.
- Improper Service of Process
You can also file the motion to dismiss the debt case based on the improper service of process.
The creditor must properly serve you the legal documents, including summons and complaints, by a proper service method. If you file the motion to dismiss the debt case based on the improper service of process, you must explain to the court the reason for improper service of process was.
- Fraud or Forgery
If you receive the legal notice of any debt that does not belong to you, you can get the case dismissed based on the fraud.
Responding to the Lawsuit
You must respond to the lawsuit papers on time. This is very important, as after this you may have higher chances to protect you.
You can respond to the lawsuit by filing an answer or by filing a motion to dismiss the lawsuit.
File an Answer
You can deny your debt claim by providing the proper reason while filing an answer to the legal notice sent by the creditor to you. You must file the answer with the court within 20 days.
File a Motion to Dismiss
If you have strong grounds for dismissing a debt lawsuit, including lack of standing, expired statute of limitations, improper service of process and, fraud, etc., you can file a motion to dismiss the case.
You must prove the reason for applying the motion to dismiss the case in Small Claim Court.
Negotiating with Creditors
If you have no proper reason to file the motion to dismiss the case, you can contact the creditor and offer settlement to the creditor. In this way, you may settle to pay a lower amount of the total debt.
Hiring an Attorney
If you have less knowledge and don’t have legal expertise to handle the case, you can hire an attorney. An attorney has more legal expertise and knows the standards that must be followed by the creditor to find out if the creditor has some negligence regarding the lawsuit. An attorney can find the best way to get dismissed the debt lawsuit.
Conclusion
This can be very stressful if you find out that someone has filed a debt lawsuit against you. You can reduce your stress if you know how to get away from this lawsuit.
In Texas, if you have a debt lawsuit against you, you will receive the debt claim papers, including summons and a complaint. These papers will inform you about all the details of a claim the creditor or Plaintiff has filed against you. You must respond to these legal papers within 20 days; if you fail to respond, the creditor will get the default judgment. Before responding to the legal notice, you must know the available ways to get a debt claim dismissed.
If you have strong grounds for dismissing a debt lawsuit, including lack of standing, expired statute of limitations, improper service of process and, fraud, etc., you can file a motion to dismiss the case.
You must prove the reason for applying the motion to dismiss the case in court.
