Have you been notified that a collection agency in Texas is suing you for a debt? When a debt goes unpaid for an extended period of time, some lenders will turn your account over to a collection agency. The collection agency will usually attempt to collect the debt directly from you first, but if they are unsuccessful they may file a lawsuit against you.
It is legal for collection agencies to do this, but you still have rights in this situation. If you’re being sued by a collection agency in Texas, you can fight back with the help of a debt defense attorney. An experienced debt defense attorney knows how to handle your case with the ultimate goal of significantly reducing your debt or even eliminating it.
Take Immediate Action: Contact a Debt Defense Attorney
Once you have been notified of the lawsuit, you have 30 days to respond. If you fail to respond within the first 30 days, the court may order a default judgment against you. A judgment gives the collector the right to garnish your wages, freeze your bank accounts, and place a lien on your property. Do not ignore the lawsuit; call a lawyer.
How Can a Debt Defense Attorney Help Me?
You may be wondering what a lawyer can do to help with a debt collection lawsuit. Even if you did accrue the debt and fail to pay it back, you may be able to be absolved of the debt with the help of an experienced attorney. How does that work?
There are some ways that collection lawsuits get dismissed, such as:
- Suing the wrong person. Collection agencies often serve lawsuits to the wrong person. It is quite common for collectors to get misinformation from lenders that lead to illegitimate lawsuits. If this can be proven for your case, your lawsuit will likely be dismissed.
- Suing for a debt that has already been paid. Maybe you already paid the debt but the collection agency is not aware of that. If you and your attorney can prove that the debt has been paid, the lawsuit will be dropped.
- The statute of limitations has passed. There is a statute of limitations that applies to debt collection on a state by state basis. In Texas, a collector has 4 years to file a lawsuit in order to collect a debt. After the 4 year time period has passed, the collector is no longer legally able to file a collection lawsuit against you. This often leads to a dismissed case.
- The collection agency lacks the necessary documentation. In many cases, the collector does not receive sufficient documentation from the lender to prove that the debt is legitimate. Sometimes it is not possible for the collector to prove that you were the one who accrued the debt or the history of your account that shows lack of payment. This can lead to case dismissal.
What Legal Fees Can I Expect?
You may be thinking that getting out of paying a debt would be nice, but what about legal fees? While debt defense attorneys do charge fees for their services, you’ll pay less in legal fees than you would have paid in debt and court costs if the lawsuit had gone through. The fees are based on the amount of the debt involved in your lawsuit. Legal fees can be paid in monthly installments to make them more affordable.
Get Expert Debt Legal Defense in San Antonio
Have you been served with a debt collection lawsuit? Don’t wait. Call Benjamin Trotter, Attorney at Law, P.C. right away. You only have 30 days from the time you are served to take action. If you need a debt lawsuit defense lawyer in San Antonio, Benjamin Trotter has the experience you need to eliminate or significantly reduce what you owe to a fraction of the original debt.