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Debt Defense
Texas Statute of Limitations on Credit Card Debt: 4 Years Under Tex. Civ. Prac. & Rem. Code § 16.004
Texas's statute of limitations on credit card debt is four years under Tex. Civ. Prac. & Rem. Code § 16.004. The clock starts on the date of your last payment on the account. Unlike Pennsylvania or New York, Texas does NOT have a borrowing statute that imports shorter SOLs from other states — Texas applies its four-year SOL regardless of where the original creditor is located. But Texas has one major procedural rule that most consumers don't know: most Midland Funding and Portfolio Recovery Associates lawsuits in Texas are filed in Justice Court, where the Answer deadline is only 14 days from service. Miss the 14-day deadline and the court enters a default judgment. This post walks through the Texas SOL framework, the Justice Court procedural rules that govern most debt-buyer cases, and Texas's separate state AG enforcement action against Midland that pre-dated the 2018 multistate settlement — which Texas did not participate in.
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Debt Defense
Wisconsin Statute of Limitations on Credit Card Debt: 6 Years (or 3 Years Under the Borrowing Statute)
Wisconsin's statute of limitations on credit card debt is six years under Wis. Stat. § 893.43, the general contract limitations period. The clock starts on the date of your last payment. But Wisconsin has a borrowing statute — Wis. Stat. § 893.07 — that imports a shorter SOL from the state where the cause of action accrued. For credit cards issued by Delaware-located banks (Discover Bank pre-merger, Barclays, Comenity, TD Bank USA) or Virginia-located banks (Capital One), Wisconsin's effective SOL on the underlying debt is three years, not six. This post walks through the full Wisconsin framework: the six-year default, the borrowing-statute mechanics by issuer, when the clock starts, the small claims court procedure where most Midland Funding and Portfolio Recovery Associates cases land, the Wisconsin Consumer Act counterclaim leverage, and a worked example from Plaza Services LLC v. DiSalle — a Wisconsin pro se debt-buyer case dismissed in Eau Claire County Circuit Court on April 9, 2026.
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State Guides
How to Fight a Debt Collection Lawsuit in Arizona - A Complete Defense Guide
If you were served with an Arizona debt collection lawsuit, start with the court tier and response date. Many Justice Court and Superior Court cases require a written response within 20 days after in-state service, while Small Claims cases may focus on appearing at the hearing. Arizona credit-card cases can also raise statute-of-limitations issues under Mertola, revival questions under A.R.S. § 12-508, chain-of-title proof issues, ACFA/FDCPA questions, and post-judgment collection risk.
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State Guides
How to Fight a Debt Collection Lawsuit in Florida — A Complete Defense Guide
If you have been served with a debt collection lawsuit in Florida, this guide covers everything you need: the 20-day Answer deadline under Fla. R. Civ. P. 1.140(a) (and how the rules differ in Florida small claims under Rule 7.090), the four main defenses (the 5-year written-contract SOL under § 95.11(2)(b) versus the 4-year account-stated SOL under § 95.11(3)(k), the FCCPA counterclaim under § 559.72 with § 559.77 remedies, the Rule 1.130(a) attachment requirement and the Pepper-Garron rule that exhibits control over contradictory allegations, and the federal FDCPA cumulative remedy), the compulsory-counterclaim trap under Rule 1.170(a), the § 222.11 head-of-family wage exemption that most pro se defendants do not know exists, and a concrete 20-day action plan.
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State Guides
How to Fight a Debt Collection Lawsuit in Georgia — A Complete Defense Guide
If you have been served with a debt collection lawsuit in Georgia, two facts make GA one of the more defendant-favorable states in the country. First, Nyankojo v. North Star Capital Acquisition (298 Ga. App. 6, 2009) and Wirth v. CACH, LLC (300 Ga. App. 488, 2009) — both binding Georgia Court of Appeals decisions — require debt-buyer plaintiffs to produce account-level chain-of-title proof, not just affidavits or generic bills of sale. The doctrine applies in all three trial-court tiers. Second, the 30-day Answer deadline is uniformly 30 days across tiers but governed by different statutes: O.C.G.A. § 15-10-43(a) in Magistrate Court (where most consumer-debt cases land under the $15K cap) and O.C.G.A. § 9-11-12(a) in State and Superior Court. State and Superior Court cases additionally get a § 9-11-55(a) 45-day filing window (30 days to file, plus an additional 15-day window after a missed deadline as a matter of right) — but this Civil-Practice-Act filing window does NOT apply in Magistrate Court, which has a hard 30-day deadline. This guide covers your tier-specific deadline, your four main defenses (the § 9-3-24 / § 9-3-25 SOL split; chain of title under Nyankojo and Wirth; § 9-11-55(a) procedural runway in the State/Superior tracks; and the federal FDCPA cumulative remedy), the three-tier court system, the Tillman Group strict arbitration-waiver timing trap, and a 30-day action plan.
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State Guides
How to Fight a Debt Collection Lawsuit in Illinois — A Complete Defense Guide
If you have been served with a debt collection lawsuit in Illinois, two structural features make Illinois one of the most defendant-favorable states in the country. First, Illinois Supreme Court Rule 280 imposes facial-pleading disclosure requirements unique in this site's registry — Rule 280.2 requires every debt-buyer complaint to disclose the original creditor, charge-off balance, every assignment date with assignor and assignee identification, itemized fees and interest, and the chain of title from the original creditor through every intermediate purchaser to the named plaintiff. Rule 280.4 provides dismissal with leave to amend when disclosures are missing or defective. Second, 225 ILCS 425/8 makes unlicensed collection by an out-of-state debt buyer a COMPLETE defense — the entire claim is voided. Combined with the 735 ILCS 5/13-210 borrowing statute (importing Delaware's 3-year SOL into most Illinois consumer-credit cases), Illinois has both a strong pleading-stage attack tool AND a borrowing statute. Most registry states have one or the other, not both. You have 30 days under 735 ILCS 5/2-1001(a). This guide covers the four main defenses, the 735 ILCS 5/2-603 fact-pleading framework, § 5/2-615 and § 5/2-619 motion practice, and a 30-day action plan.
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State Guides
How to Fight a Debt Collection Lawsuit in Indiana — A Complete Defense Guide
If you have been served with a debt collection lawsuit in Indiana, two structural features make Indiana one of the most defendant-favorable states in the country, and they work together as a single mechanism. First, the Indiana Debt Buyer Pleading Act at Ind. Code § 24-5-15.5 (effective 2020) requires every debt-buyer complaint to attach the original signed agreement or charge-off statement, the names of ALL prior owners with transfer dates, and a bill of sale evidencing transfer to the named plaintiff. Failure on any element is treated as a DECEPTIVE ACT under the Indiana Deceptive Consumer Sales Act — not just grounds for dismissal, but a state-statutory counterclaim trigger with treble damages. Most other state debt-buyer pleading statutes do not have this DCSA-violation conversion. Second, Rock Creek Capital LLC v. Tibbett, 231 N.E.3d 256 (Ind. Ct. App. 2024) — recent state appellate authority establishing debt buyers as "suppliers" under DCSA and "debt collectors" under federal FDCPA. Rock Creek is the doctrinal foundation that makes the § 24-5-15.5-as-deceptive-act framing operative. You have 23 days under Indiana Trial Rule 12(A). This guide covers the four main defenses, Trial Rule 9.2 Affidavit of Debt requirement, the two-tier court structure, and a 23-day action plan.
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State Guides
How to Fight a Debt Collection Lawsuit in Kentucky - A Complete Defense Guide
If you were served with a Kentucky debt collection lawsuit, start with the 20-day written Answer deadline. Kentucky cases can also raise important statute-of-limitations, borrowing-statute, chain-of-title, records-foundation, FDCPA, and KCPA issues, but each depends on the account, plaintiff, court tier, and documents.
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State Guides
How to Fight a Debt Collection Lawsuit in Michigan — A Complete Defense Guide
If you have been served with a debt collection lawsuit in Michigan, two procedural rules unique in this site's registry shape your defense. First, MCL 600.2145 — the affidavit-of-amount-due rule that runs both ways. If the debt buyer attaches a sworn affidavit, that affidavit becomes prima facie evidence of the amount owed UNLESS the defendant files a sworn counter-affidavit WITH the Answer. If the debt buyer fails to attach the affidavit, the procedural shortcut is unavailable. Most pro se Michigan defendants miss this rule. Second, MCL 600.8407(1) bars debt buyers (assignees) from the Small Claims Division entirely — forcing every debt-buyer case into District Court General Civil where defendants have full discovery rights (interrogatories, requests for production, depositions). Most states route debt-buyer cases into simplified small-claims tiers; Michigan does the opposite. You have 21 days under MCR 2.108(A)(1) (28 days if served outside Michigan under MCR 2.108(A)(2)). This guide covers the four main defenses, MCR 2.116 summary disposition, the MUAA mandatory arbitration stay, and a 21-day action plan.
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State Guides
How to Fight a Debt Collection Lawsuit in Minnesota - A Complete Defense Guide
If you were served with a Minnesota debt collection lawsuit, start with the response deadline, court tier, and docket status. Minnesota can use a service-before-filing model, so the case may not be filed with the court yet. Consumer debt cases can also raise statute-of-limitations, no-revival, debt-buyer pleading, collection-agency licensing, FDCPA, and garnishment issues, but each depends on the documents, plaintiff, court, and timeline.
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State Guides
How to Fight a Debt Collection Lawsuit in Missouri — A Complete Defense Guide
If you have been served with a debt collection lawsuit in Missouri, two structural features combine to produce one of the most procedurally distinctive defense profiles in the country. First, Missouri Supreme Court Rule 55.22 (effective July 1, 2021) is a facial-pleading rule requiring debt-buyer complaints to recite verbatim or attach the assignment(s) and other documents establishing ownership of the debt. Failure supports dismissal under Rule 55.22(d). Joins the facial-pleading-rule cluster with NJ Rule 6:3-2(c), IN § 24-5-15.5, IL Rule 280, NY CCFA § 3016(j), TX Rule 508.2, MN § 548.101. Second, the FAA-not-UAA arbitration framework — UNIQUE in this site's registry. Mo. Rev. Stat. § 435.350 excludes contracts of adhesion; FAA preempts the exclusion under Bunge Corp. v. Perryville Feed & Produce, 685 S.W.2d 837 (Mo. banc 1985). Defendants compelling arbitration must file under 9 U.S.C. § 4 (FAA), NOT Mo. Rev. Stat. § 435.355. You have 30 days under Mo. R. Civ. P. 55.25 (full circuit court only). This guide covers the four main defenses, the three-tier court structure, and a 30-day action plan.
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State Guides
How to Fight a Debt Collection Lawsuit in New Jersey — A Complete Defense Guide
If you were served with a debt collection lawsuit in New Jersey, the structure of your defense is unusually well-defined. New Jersey Court Rule 6:3-2(c) requires every debt-buyer complaint in the Special Civil Part to name the original creditor, the last four of the original account number, the last four of your Social Security number if known, the current owner, and the FULL chain of assignment — plus a separate sworn affidavit reciting the same five elements. R. 6:6-3(a) imposes that same affidavit as a precondition to default judgment, even if you never answer. You have 35 days to file under R. 6:3-1, and extension by consent of the parties is prohibited — extensions come only by court order. The statute of limitations is 6 years under N.J.S.A. 2A:14-1, running from breach, but New Jersey is a revival state under N.J.S.A. 2A:14-24 — a single partial payment restarts the clock. This is the comprehensive New Jersey defense guide.
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State Guides
How to Fight a Debt Collection Lawsuit in New York — A Complete Defense Guide
If you have been served with a debt collection lawsuit in New York, this guide covers everything you need: the 20-day-personal / 30-day-substitute Answer deadline under CPLR § 320(a) and § 3012, the four main defenses (the 3-year SOL on consumer credit transactions under CPLR § 214-i which took effect April 7, 2022 as part of the Consumer Credit Fairness Act, the CCFA pleading specificity requirements under CPLR § 3016(j) plus the 22 NYCRR Part 202.27-a affidavit-of-merit rule, chain-of-title and standing attacks, and FDCPA + GBL § 349 counterclaims with treble damages), the NYC Civil Court / Supreme Court / District Court / City Court structure, the permissive (not compulsory) counterclaim rule under CPLR § 3019, exempt-income protection under CPLR § 5222 and § 5222-a, and the 10% wage-garnishment cap under CPLR § 5231 — one of the most debtor-favorable in the country.
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State Guides
How to Fight a Debt Collection Lawsuit in Ohio — A Complete Defense Guide
If you have been served with a debt collection lawsuit in Ohio, two doctrinal features make Ohio one of the most defendant-favorable states in the country. First, the Ohio Supreme Court held in Taylor v. First Resolution Investment Corp., 148 Ohio St.3d 627, 2016-Ohio-3444, that debt buyers and their collection attorneys are CSPA "suppliers" and that filing a defective collection suit is itself a deceptive act under R.C. § 1345.02 — treble damages or $200/violation plus mandatory attorney's fees on knowing violations. Second, R.C. § 2711.02 makes the arbitration stay MANDATORY when a valid clause exists, and § 2711.02(C) makes any denial of a stay IMMEDIATELY APPEALABLE as a final order. Combined with Civ.R. 10(D)(1) attachment + the Asset Acceptance v. Proctor four-element provable-sum test, the § 2305.03 borrowing statute that imports shorter foreign SOLs, and the § 1319.12(C) collection-agency assignment requirement, the architecture is unusually deep. You have 28 days under Civ.R. 12(A)(1) — but Ohio also has compulsory counterclaim and 12(E) timing traps that demand careful sequencing.
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State Guides
How to Fight a Debt Collection Lawsuit in Pennsylvania — A Complete Defense Guide
If you have been served with a debt collection lawsuit in Pennsylvania, three structural features make Pennsylvania one of the most defendant-favorable states in the country. First, 42 Pa.C.S. § 5521(b) is a categorical borrowing statute — when the cause of action accrued in another state, Pennsylvania imports the foreign state's shorter SOL. Most major credit-card issuers (Discover, Barclays, Comenity/Bread Financial, TD Bank USA, PNC, Citibank) are Delaware-headquartered, which routinely forces Pennsylvania consumer-credit cases under Delaware's 3-year SOL — one year shorter than Pennsylvania's 4-year default under § 5525. Second, Pennsylvania does NOT permit wage garnishment for ordinary consumer-debt judgments — comparable in scope to Texas Const. art. XVI § 28 and NC § 1-362 categorical bars. Third, Pa.R.C.P. 1029(b) treats a general denial of a specific averment as an ADMISSION — defendants must respond paragraph-by-paragraph or lose case-defining facts. Common Pleas cases have a 20-day Answer deadline; MDJ and Municipal Court cases are hearing-based and require Notice of Intention/Defense plus appearance. Even after filing, you must appear on the hearing/trial date listed on your paperwork unless the court reschedules or cancels it in writing.
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State Guides
How to Fight a Debt Collection Lawsuit in Texas — A Complete Defense Guide
If you have been served with a debt collection lawsuit in Texas, three features shape your case. First, the deadline is short: many Justice Court debt claims give you only 14 days from service to file an Answer under Tex. R. Civ. P. 502.5(d) — one of the shortest Answer windows in the country. Second, Texas has the strongest post-expiry no-revival rule in the country: Tex. Fin. Code § 392.307(d) is categorical — once the four-year limitations period under Tex. Civ. Prac. & Rem. Code § 16.004(a)(3) has run on a debt-buyer claim, no payment, promise, or other activity revives it, unlike California, which still lets a signed written promise revive. Third, Justice Court Rule 508.2 forces debt-buyer petitions to disclose original creditor, charge-off balance, itemized post-charge-off interest and fees, and the full chain of assignment — and a facial gap is grounds for a Rule 91a motion to dismiss, the Texas analog to California's demurrer. Layered on top: the Tex. R. Evid. 803(6) business-records foundation doctrine is split by appellate district, the Texas Debt Collection Act reaches original creditors the FDCPA excludes, and Texas Constitution Article XVI § 28 categorically bars wage garnishment on ordinary consumer-debt judgments.
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State Guides
How to Fight a Debt Collection Lawsuit in California — A Complete Defense Guide
If you have been served with a debt collection lawsuit in California, this guide covers everything you need: the 30-day Answer deadline (40 days for substituted service) under CCP § 412.20(a)(3) and § 415.20, the four main defenses (4-year SOL under CCP § 337(1) — among the shortest in the country for credit-card debt — with the strong CCP § 360 post-expiry no-revival rule; the Rosenthal Fair Debt Collection Practices Act under Cal. Civ. Code §§ 1788-1788.33 covering ALL collectors including original creditors with $100-$1,000 statutory damages plus actual plus attorney fees; the Fair Debt Buying Practices Act under §§ 1788.50-1788.64 with 8-element complaint requirements, mandatory document attachment, and an automatic default-judgment barrier under § 1788.60; and federal FDCPA cumulative damages), the three-tier court system (Small Claims, Limited Civil, Unlimited Civil), wayfinding to the major California debt-buyer plaintiffs (LVNV, Midland, Cavalry, Jefferson Capital), a concrete 30-day action plan, and what makes California one of the most defendant-favorable states in the country for consumer-debt cases.
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State Guides
How to Fight a Debt Collection Lawsuit in North Carolina — A Complete Defense Guide
If you have been served with a debt collection lawsuit in North Carolina, two structural features put NC among the most defendant-favorable states in the country. First, NC has one of the shortest consumer-credit statutes of limitations anywhere — three years under N.C. Gen. Stat. § 1-52(1), running from your first uncured missed payment, NOT from charge-off. Second, § 58-70-115(6) commands the court to dismiss a non-compliant debt-buyer complaint "upon motion of the debtor or sua sponte." You have 30 days to answer in District or Superior Court under Rule 12(a); Small Claims is hearing-based with a 10-day de novo appeal window under § 7A-228 you must not miss.
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State Guides
How to Fight a Debt Collection Lawsuit in Wisconsin — A Complete Defense Guide
If you have been served with a debt collection lawsuit in Wisconsin, this guide covers everything you need: the return-date response deadline under Wis. Stat. § 799.20(1), the four main defenses (6-year SOL under § 893.43 with Tarkenton revival rules and § 893.07 borrowing, the Wisconsin Consumer Act counterclaim under § 427.104(1)(j) / § 425.109(1)(h) Kohl rule / § 425.304(1) damages with treble + § 425.308 attorney fees + § 425.301 punitives, chain-of-title attacks under § 908.03(6), and federal FDCPA cumulative remedies), the Wisconsin Circuit Court system (Small Claims division up to $10,000, Civil division above), wayfinding to the seven major Wisconsin debt-buyer plaintiffs (LVNV, PRA, Midland, Cavalry, CACH, Velocity, Jefferson Capital), a concrete 20-day action plan, and what makes Wisconsin one of the better states to defend a debt case in. Founder voice — this is the home-state guide.
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Defense Strategies
Arbitration Clauses in Credit Card Agreements: How to Use Them in Your Defense
Many credit-card agreements contain arbitration clauses. If the plaintiff sues on that agreement, a properly timed motion to compel arbitration may change the economics of the case.
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Defense Strategies
Chain of Title in Debt Collection: Why Debt Buyers Must Prove They Own Your Debt
Chain of title is the paper trail showing how an account moved from the original creditor to the plaintiff. In debt-buyer cases, missing account-level links can undermine standing and proof.
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Defense Strategies
Debt Collection Summons: What Every Line Means and What to Do Next
A summons tells you that a lawsuit has started. The most important fields are the court, plaintiff, case number, service date, deadline, hearing date, and instructions for responding.
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Defense Strategies
How to Write an Answer to a Debt Collection Lawsuit
An Answer is the written court response to a debt collection complaint. If your court track requires one, it usually admits or denies each allegation, raises affirmative defenses, and preserves your chance to make the plaintiff prove the case.
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Defense Strategies
Pro Se Debt Defense: How to Represent Yourself in a Debt Collection Lawsuit
Pro se means representing yourself. In a debt lawsuit, the first job is not to master every legal rule. It is to respond on time, preserve defenses, and avoid default.
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