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CreditCardLawsuitDefense.com » FAQ
Credit Card Lawsuit & Debt Buyer
Lawsuit FAQ
Q: I’m being
sued for consumer debt (like credit card debt). What
options do I have?
A: We can fight the lawsuit and try
to beat it, since credit card companies and debt buyers
don't always have what is needed to prove their case -
if properly defended. We can defend the lawsuit and try
to settle on terms that you can live with. Or, we can
pursue bankruptcy protection if you qualify and have the
lawsuit instantly frozen and then dismissed. Unlike most
of our competitors, we offer you multiple options - not
just one.
Q: I’m being sued for
credit card debt. Should I just go ahead and file for
bankruptcy?
A: Maybe. It all depends on a
number of factors, one of them being whether or not you
are a good bankruptcy candidate. One of our attorneys
can evaluate your case and discuss your options with you
- we will do so free of charge.
Q: The citation attached to
the lawsuit that I was served with says that I have to
appear before the Judge by 10:00AM on some Monday
morning. I'm not sure when that is and do I actually
have to physically go to the courthouse and make an
appearance?
A: We can calculate the due date
quickly for you. And no, you do not have to physically
go to court. All that is required is that you file a
document called an answer in a timely manner. If you
hire us we will be able to easily take care of this for
you. In consumer debt defense cases, the odds of you
actually having to ever go to court are very slim if you
hire a competent attorney to defend you.
Q: I was sued a few years
ago and I ignored the lawsuit. Now there is a judgment
against me. Is there any hope for me?
A: Yes. Bankruptcy might be an
option or we can try to negotiate a settlement with the
judgment creditor on terms that you can live with. There
are many creative ways to try to settle judgments. One
of our consumer lawyers can explain them to you.
Q: I am being sued. If I
ignore the lawsuit and they get a judgment against me
can my bank accounts really be frozen?
A: Yes. In Texas, a judgment
creditor can file a garnishment action against a bank
that holds attachable funds. The bank will usually
freeze the account pending the outcome of the
garnishment action. This is not a pleasant scenario and
is one of the biggest reasons not to ignore a debt
lawsuit.
Q: If I decide to try to
settle or fight the lawsuit now, can I still file
bankruptcy in the future?
A: Yes, assuming you are a bankruptcy candidate, trying
to settle or fighting the lawsuit now will not affect
your ability to file bankruptcy in the future.
Q: Where do you practice?
A: All over Texas. I have handled cases from Lubbock to
Houston and defend debt collection cases throughout the
state.
Q: Do you charge an initial consultation fee?
A: No. I won’t bill you for talking to you on the
telephone either.
Q: Do you handle both Debt Buyer cases and Original
Creditor cases?
A: Yes. Many are listed in my Results section. Many
other cases that are not listed were settled for much
less than what was claimed, in some cases for less than
5% of the debt, though each case and each creditor
Plaintiff is different.
Q: What is the difference between Debt Buyer cases
and Original Creditor cases?
A: An Original Creditor Collection lawsuit is simply a
lawsuit brought by the Original Creditor (i.e. original
lender or Credit Card Company) and not an entity that
purchased the defaulted debt from the Original Creditor
or somebody else. These cases may be substantially
different than Debt Buyer cases in that the Plaintiff
may have the documents and witnesses needed to prove
their case. Then again, they may not. Each case is
different and each outcome unpredictable. In my
experience, an Original Creditor case is much more
likely to end in some sort of reasonable settlement than
a Debt Buyer case, given the fact that they are more
likely to have access to the documents and witnesses
needed to succeed at trial.
Q: How long will it take to resolve my lawsuit?
A: My best answer is that I just don’t know. I have had
cases in Justice of the Peace Courts set for trial three
weeks after filing. Likewise, I have had Collection
lawsuits filed in District Courts that weren’t set for
an initial trial setting for over two years after
filing. I cannot predict when your case will be set for
trial or when it will be resolved. Unfortunately, it’s
not up to us.
Q: Where are you located?
A: In Uptown Tower located near the intersection of
North Central Expressway (I-75) and Fitzhugh Avenue in
central Dallas.
Q: Can I represent myself.
A: Yes.
Q: Should I represent myself?
A: Absolutely not. Let me write it again – absolutely
not. There is a saying that “A lawyer who represents
himself has a fool for a client,” the idea being that
even those of us who are trained in the rules of
procedure and evidence shouldn’t represent ourselves in
adversary matters. Pride and emotion tend to cloud good
judgment and often lead to poor decision making. For the
non-lawyer, representing one’s self in a lawsuit is akin
to walking through a minefield with a blindfold on. You
need to know that once you file an Answer on your own
behalf, you have stepped into the world of the seasoned
trial lawyer, and the Court will hold you to the same
standards as a licensed attorney. The Collection
Attorney will use your lack of knowledge of the rules of
procedure, discovery and evidence against you – I see it
all the time. I have had numerous clients come to me
with a huge problem – there is a “Motion for Summary
Judgment” set in their case because they failed to
timely or properly respond to discovery – discovery that
they didn’t even realize had been served on them. While
I do take cases that are in this already damaged state
and have had great success at repairing the damage,
there is no need to put yourself there in the first
place. Give me a call or send me an email and we can
discuss your cases.
Q: Do you take payment plans?
A: Yes. Contact me and we will discuss your situation
and try to tailor a plan that fits your needs. |
