Be Sure to Respond to the Lawsuit

So you just got a letter in the mail from a local court that says, “You have been sued by a debt collector attempting to collect a debt!” What do you do?

Do not panic, and do not ignore it! Read the documents and identify who is suing you and how much they say you owe. If you think it might be a scam, you can call the court where the case is filed to make sure a case has actually been filed. If the suit is real, then be sure to "answer" by filing a written Answer with the court before the filing deadline. If the suit is real and you have already missed the filing deadline and you have received no other notifications from the creditor or the court, file an Answer anyway.

To protect your rights, you must respond in writing and file it with the court before the filing deadline. If you do not respond, you automatically lose and the judgment might appear on your credit report.  

Visit this page for an Answer form to help you respond and claim any defenses that might apply to your case.

Third-party debt collector (a debt collector who is not the original creditor) generally cannot sue in Texas without filing a bond with the Texas Secretary of State.  Third-party debt collectors and credit bureaus are required to file a $10,000 surety bond with the Texas Secretary of State before engaging in debt collection. Tex. Fin. Code. § 392.101. The names of third-party debt collectors and credit bureaus that have filed bonds may be searched on the secretary of state's website