Credit Card Lawsuit & Debt Buyer Lawsuit FAQ
Q: Where does your law firm handle cases? Can your firm handle my case?
A: We handle lawsuits in every city and county in the state of Texas. If we ever have to travel to court, we do so at our own expense, not the expense of our client. Our firm has offices in Dallas, Houston, Austin, San Antonio, Fort Worth, and El Paso. To best serve our clients, our law firm’s practice is limited geographically to the state of Texas. Please note that our principal office is in Dallas and that meetings at all other offices are by appointment only.
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 do not always have what is needed to prove their case – if properly defended. We can also defend the lawsuit and try to settle on terms that you can live with. We will handle all of the work for you while you go about living your life as usual. All you have to do is relax and wait to hear from us.
Q: Does your firm handle small business debt lawsuits in Texas also?
A: Yes we do. We have defended many small businesses and small business owners who have been sued for allegedly defaulting on a loan. We have had significant success in resolving these cases to our clients’ satisfaction. You can read more about our business debt defense here.
Q: I’m being sued for credit card debt. Should I just go ahead and file for bankruptcy?
A: We have helped hundreds of people avoid bankruptcy. While bankruptcy is the best solution for a small percentage of people, it does have some serious repercussions and drawbacks. It is no secret that bankruptcy is hard on a credit score. And, keep in mind that people who file bankruptcy may be required to “check the box” on the prior bankruptcies section of loan and job applications for the rest of their lives. This can make getting a loan or a job very difficult. Feel free to contact us to see if we can help you avoid this scenario.
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 our law firm 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. We can try to negotiate a settlement with the judgment creditor on terms that you can live with. We have many creative ways to try to settle judgments. One of our consumer lawyers can explain them to you. You can read more about our judgment negotiation service here.
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. If you hire our firm to defend you, the odds of this actually happening are slim to none. You can read more about garnishments in Texas here.
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, though we are almost always able to help our clients avoid bankruptcy altogether.
Q: Where does your firm handle cases?
A: All over Texas. We have handled cases in just about every county in Texas, and we defend debt collection cases throughout the state. Our practice is restricted to the state of Texas so that we may offer our clients the best service and level of legal expertise possible. Our firm founder is a 7th generation Texan and we are proud to be a tried and true Texas law firm.
Q: Does your firm charge an initial consultation fee?
A: No. We will not bill you for talking to you on the telephone either.
Q: Does your firm handle both debt buyer cases and original creditor cases?
A: Yes. Many are listed in our 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 our 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: Most cases are resolved within a year, though the answer to this question can be difficult to predict. We have had cases in justice of the peace courts set for trial three weeks after filing. Likewise, we have had collection lawsuits filed in county and district courts that were not set for an initial trial setting for over two years after filing (the trial setting often times provokes a dismissal or leads to settlement negotiations). What we can promise you is that between the time you hire us and the time that your case is resolved, we will stay on top of things and take care of the case for you. You probably have better things to do than worry about a debt lawsuit.
Q: Can I represent myself.
Q: Should I represent myself?
A: Absolutely not. Please allow us to emphasize this point – absolutely not. There is a saying that “A lawyer who represents himself has a fool for a client,” the idea being that even lawyers who are trained in the rules of procedure and evidence should not represent themselves 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 like 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. A Texas collection attorney will use your lack of knowledge of the rules of procedure, discovery and evidence against you – we see it all the time. We have had numerous clients come to us with a huge problem – there is a “Motion for Summary Judgment” set in their case because they failed to timely or properly respond to written discovery – discovery that they did not even realize had been served on them because it was attached to the lawsuit in a deceptive manner. While we 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 us a call or contact us through this website and we can discuss your case.
Q: Do you take payment plans?
A: Yes. Contact us and we will discuss your situation and try to tailor a plan that fits your needs.