Getting served for a debt lawsuit is possibly one of the most frightening things anyone can face. There’s so much uncertainty surrounding the lawsuit, and you don’t know what the outcome will be. What is surprising is the number of Texans who aren’t aware that they can get help from a debt defense attorney. There is no need to feel overwhelmed and scared of the future. This isn’t something you need to endure alone, the team at Ciment Law Firm, PLLC, are here to help guide you through this process.
What is a Debt Collection Lawsuit?
When a person falls behind on their bills, for whatever reason, whether an unexpected car repair to an unanticipated health issue, those lenders—usually a credit card company—do not have the desire to chase down aged debt. Instead, they sell this debt to a debt collection company for pennies on the dollar. That debt collection company now owns your account, and they will come after the total debt (plus any late and overdraft fees, attorney fees, and interest) with their substantial resources. Debt collection companies start collection calls right away to get the money as fast as possible.
The debt collection companies file debt collection lawsuits as an intimidation tactic to scare you into paying these exorbitant fees, penalties, and interest as soon as possible. They intimidate you into paying quickly in the hopes that you will not engage a debt defense attorney. It is an unfortunate statistic, but debt collectors become successful by filing lawsuits and utilizing these intimidation tactics.
What Happens If I am Sued?
If you receive notice of a debt collection lawsuit, it is critical to call an experienced debt defense attorney. Often, these debt collection companies purchase such a large amount of debt that all they receive is a spreadsheet of data with your name, phone number, and the amount of debt you owe. These companies have the burden of proving the following:
- They own your debt
- The debt amount is correct
- Your information in the lawsuit is correct
- The statute of limitations hasn’t passed
If the debt collection company can’t prove these things, there is a good chance the court can and will dismiss your lawsuit.
Why Do I Need a Debt Defense Attorney?
Having an experienced debt defense attorney on your side who is your ally and will advocate on your behalf is crucial to your success and peace of mind. Our team has seen every trick these companies have tried to use. For example, did you know that these companies cannot do the following?
- Contact anyone who doesn’t own the debt
- Call before 8 a.m. or after 9 p.m. unless you have given them permission to do so
- Cause your phone to ring for extended periods or make repeated phone calls
- Contact you at work if you have asked them not to
- Make false statements to collect the debt or misrepresent the amount you owe
- Make threats of harming your credit or wage garnishment
- Send collection letters that appear to be from a court or government office
- Threaten to arrest you if you do not pay the debt
- Threaten to take legal action against you
- Use obscene or profane language
Much like the famous slogan, “We know a thing or two because we’ve seen a thing or two.”
Contact Ciment Law Firm, PLLC, Texas Consumer Protection
At Ciment Law Firm, PLLC, Texas Consumer Protection, we focus on bankruptcy, debt collection defense, and consumer protection. We invite you to join our Texas Debt Defense & Protection Facebook Group for more information. We created this group for current and past clients of the Ciment Law Firm, PLLC, Texas Consumer Protection, and Texans struggling with their debt and looking for solutions. If you’re dealing with debt, were recently laid off, are behind on your house or car payments, or have been sued for a debt, we encourage you to join our group and get the support you need.
When we take on a new client, we immediately get them on the right track by following our proven three-step process. Our proven three-step process helps you resolve your debts, protect your rights, and rebuild your credit. Learn more about each step and how our services put you on the path to financial stability.
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The information in this document is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.