Have you recently received notification that you are being sued by Portfolio Recovery Associates? You are not alone. Thousands of people are sued by Portfolio Recovery Associates and collection agencies like them that purchase charged-off debt from lenders and attempt to collect funds. What you need to know is that you are not obligated to pay anything upon being served with a collection lawsuit. However, you must take immediate action to avoid negative consequences.
What action should you take? Call a debt defense attorney right away. In the state of Texas, you have no more than 30 days to fight the lawsuit from the date you are served with papers. If you fail to respond (or just ignore it and hope it goes away) it can result in a court-ordered judgment against you, meaning the collection agency has won the right to garnish your wages, place liens on your property, and freeze your bank accounts. Avoid these negative consequences by calling a debt lawsuit defense attorney in San Antonio.
How Can a Debt Defense Attorney Help Me?
You may be wondering how a debt defense attorney can help in this situation, especially if you actually owe the debt you are being sued for. Well, lawyers with experience in debt defense know how to fight these lawsuits, usually by finding flaws in the collection agency’s case, sort of like loopholes. Some examples include:
- Wrong name. Sometimes the collection agency receives the wrong name for an account. If the lawsuit is sent to the wrong person it can be dismissed.
- Lack of documentation. When lenders sell charged-off accounts to debt collectors they often omit some of the required paperwork that should accompany the account. Lack of proper documentation to prove the debt belongs to you can result in a dismissed case.
- The statute of limitations has passed. In the state of Texas, a collector has 4 years to file a lawsuit. If that time is passed the lawsuit can be dismissed.
If these or other loopholes can be found, you may be absolved of your debt or have the debt significantly reduced.
What NOT to Do if You Are Sued by Portfolio Recovery Associates
If you are served with a lawsuit by Portfolio Recovery Associates or any other debt collection agency, there are some common mistakes many people make that can compromise their case and make it much more difficult or even impossible to get out of the debt. Do not, under any circumstances:
- Ignore the lawsuit. As stated above, you have only 30 days to respond to a debt lawsuit. Failure to do so can result in a judgment that gives the collection agency the ability to garnish wages, freeze bank accounts, and place liens on the property.
- Call or Answer Calls. Do not call the collection agency or accept any phone calls from them after you are served with lawsuit papers. Let your attorney handle all communication.
- Give Information. Do not provide any information to the collection agency; no paperwork, no account information, nothing. It’s like your Miranda rights; anything you say can and will be used against you.
- Make Payments. Do not make any payments to the collection agency or to the lender who originally held the account. Making a payment is like assuming responsibility for the debt. It may also be money wasted as the lawsuit could be dismissed, eliminating any balances you owe.
- Attempt to Handle it Alone. Hiring a debt defense attorney will give you a much better chance of getting the lawsuit dismissed or your debt reduced. Lawyers have experience with these cases and know what to say and do in order to get the best possible outcome. Whatever you pay in legal fees will be well below the amount of the debt you accrued.
Get Expert Debt Legal Defense in San Antonio
If you’re looking for an experienced debt defense attorney in San Antonio, Texas, call the office of Benjamin Trotter, Attorney at Law, P.C. We have handled many cases against Portfolio Recovery Associates and other collection agencies like them with overwhelmingly favorable outcomes. Our fees are reasonable and can be paid in installments to make them more affordable. Don’t try and fight a collection agency alone; enlist the help of Benjamin Trotter, debt defense attorney.
Call (210) 468-1008 or request a free consultation today. We look forward to helping you get out of debt and bring back your peace of mind.