Consumer/Credit Card Debt Defense
Are you facing a debt collections lawsuit? The reality of this recession is that many are falling behind on their bills. If you have been sued on a consumer debt account please contact my office. You have options. We can fight this case. Don't let the collection agents or opposing counsel scare you. Fear can keep you from making the right decision. Contact my office now so I can answer your questions.
Here are some answers to frequently asked questions.
"I've been served with a collections lawsuit, what should I do?"
Contact my office immediately. If you do not file a timely answer the court will award a "default" judgment. In addition the original debt amount the court may add thousands in attorney's fees and costs.
"If I owe the money why should I fight the case?"
No one is proud about being in debt. Do not let feelings of guilt keep you from making the right decision. Believing you owe the money does not mean that the plaintiff can prove their case. Did you sign a contract? Is that contract valid? Did you agree to every interest rate change and penalty? There are many ways to fight a debt case. I will be happy to discuss your options with you.
"How much does this cost?"
The consultation is free. The fee for representation depends on the total amount owed.
Texas and Federal law both forbid unfair debt collection practices. Often, greedy immoral debt collectors ignore your rights and willfully violate these statues. Phone harassment is the most common, but not only way creditors bully debtors. Call today if you are the victim of an unscrupulous debt collector.
The Texas Fair Debt Collection Act forbids practices such as-Harassment
Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, debt collectors may not:
- use threats of violence or harm
- publish a list of consumers who refuse to pay their debts (except to a credit bureau)
- use obscene or profane language
- repeatedly use the telephone to annoy someone
Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not:
- falsely imply that they are attorneys or government representatives
- falsely imply that you have committed a crime
- falsely represent that they operate or work for a credit bureau
- misrepresent the amount of your debt
- indicate that papers being sent to you are legal forms when they are not
- indicate that papers being sent to you are not legal forms when they are
Debt collectors also may not state that:
- you will be arrested if you do not pay your debt
- they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so
- actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action
Further, debt collectors may not:
- give false credit information about you to anyone, including a credit bureau
- send you anything that looks like an official document from a court or government agency when it is not
- use a false name
Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:
- collect any amount greater than your debt, unless your state law permits such a charge
- deposit a post-dated check prematurely
- use deception to make you accept collect calls or pay for telegrams
- take or threaten to take your property unless this can be done legally
- contact you by postcard
For more information on credit card debt defense cases: