If you have received a citation from a Texas credit card lawsuit, you may wonder whether it is necessary to hire an attorney. Bear in mind the possible outcome of a judgement against you. A debt collector could garnish your bank account, seize your non-exempt property and ruin your credit rating. The best way to help prevent all these things from happening is to hire an experienced lawyer.
The most detrimental thing you could do would be to ignore the summons. If you do not respond within ten days, the debt collectors can file for a judgement against you by default. If the court upholds it, the creditors will have automatically won the suit.
If you retain an attorney, he will write an answer to the suit which defends you and demands that the debt collectors provide proof of their accusations. This will be filed with the court and served to the creditor's lawyer. Your attorney will ask the creditors to supply him with documents that support their case and will respond to their requests in accordance with the Texas Rules of Civil Procedure.
Your attorney may be able to have the lawsuit dismissed by showing that the statute of limitations expired before it was filed. In Texas, a creditor can sue a debtor up to four years after the initial breach of contract. If a debt collector waited too long to serve your summons, he may have violated the Fair Debt Collection Practices Act.
Another grounds for dismissal is a lack of relevant business records. Credit card companies often sell portfolios of bad debts to debt collection agencies. Your lawyer will require the debt collectors to provide evidence that you owe money to them, rather than the company you originally borrowed it from. If they cannot prove ownership of the debt, they have no grounds to sue you.
Your attorney will go through all the documents to check for proof that you breached a specific credit agreement. He will ask the creditors for a promissory note which names you and bears your signature. If they cannot produce one, they will have trouble establishing that you are legally in debt to them.
With the help of a knowledgeable lawyer, your Texas credit card lawsuit could be settled for considerably less than the requested amount or dismissed altogether. Most firms will take on lawsuits for a flat fee paid over a period of months. It makes sense to request a free quote immediately after you've been served with a summons.
The most detrimental thing you could do would be to ignore the summons. If you do not respond within ten days, the debt collectors can file for a judgement against you by default. If the court upholds it, the creditors will have automatically won the suit.
If you retain an attorney, he will write an answer to the suit which defends you and demands that the debt collectors provide proof of their accusations. This will be filed with the court and served to the creditor's lawyer. Your attorney will ask the creditors to supply him with documents that support their case and will respond to their requests in accordance with the Texas Rules of Civil Procedure.
Your attorney may be able to have the lawsuit dismissed by showing that the statute of limitations expired before it was filed. In Texas, a creditor can sue a debtor up to four years after the initial breach of contract. If a debt collector waited too long to serve your summons, he may have violated the Fair Debt Collection Practices Act.
Another grounds for dismissal is a lack of relevant business records. Credit card companies often sell portfolios of bad debts to debt collection agencies. Your lawyer will require the debt collectors to provide evidence that you owe money to them, rather than the company you originally borrowed it from. If they cannot prove ownership of the debt, they have no grounds to sue you.
Your attorney will go through all the documents to check for proof that you breached a specific credit agreement. He will ask the creditors for a promissory note which names you and bears your signature. If they cannot produce one, they will have trouble establishing that you are legally in debt to them.
With the help of a knowledgeable lawyer, your Texas credit card lawsuit could be settled for considerably less than the requested amount or dismissed altogether. Most firms will take on lawsuits for a flat fee paid over a period of months. It makes sense to request a free quote immediately after you've been served with a summons.
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