Being served with a debt collection lawsuit can be a terrifying experience, but don’t worry. You have rights, and there are strategies to get the lawsuit dismissed in Texas. While every case is unique, understanding these common approaches can empower you to fight back.
If you need help getting your debt lawsuit dismissed, contact Heston Law Firm today.
Scrutinize the Petition and Service
One key strategy for debt lawsuit dismissal involves meticulously examining the petition and how you were served. Texas law mandates specific procedures for service, and if these weren’t followed (for example, if the papers were left with an unauthorized individual or never received at all) a motion to dismiss for lack of proper service can be filed.
Similarly, the petition must adhere to strict requirements, including detailed information about the plaintiff, yourself, the debt amount, and the basis of the claim. If the petition is vague, lacks essential details, or omits necessary documents like the original contract, you can argue for dismissal due to failure to state a claim.
Challenge the Plaintiff’s Standing and Evidence
Another crucial approach involves challenging the plaintiff’s standing and the evidence they present. Debt buyers often purchase debts in bulk, and they must prove their legal ownership and right to sue. Requesting proof of assignment and ownership can expose weaknesses in their case. If they cannot demonstrate a chain of ownership, you can argue they lack standing.
Furthermore, debt collectors must provide substantial evidence to support their claims, including the original contract, account statements, and proof of the debt amount. If their records are vague or incomplete, you can challenge their validity. Texas has a four-year statute of limitations for most consumer debts. If the debt is older than this, a motion to dismiss based on the statute of limitations can be filed, requiring proof of the original contract date and the date of the last payment.
Explore Procedural Defenses
Procedural defenses also offer potential avenues for dismissal. If the plaintiff unreasonably delays the case, a motion to dismiss for failure to prosecute can be filed. Similarly, lawsuits must be filed in the correct court; if the lawsuit was filed in the wrong county, a motion to transfer venue or a motion to dismiss for improper venue can be pursued. The venue is often dictated by where the contract was signed or where you reside.
Navigating these legal complexities can be challenging, making legal representation invaluable. An experienced Texas debt defense attorney can provide guidance, identify defenses, draft legal documents, and represent you in court. It is critical to respond to the lawsuit promptly, as ignoring it can result in a default judgment.
If you need a debt lawsuit dismissed, contact Heston Law Firm to get the help you need.
