If you have received notice that you are being sued by a credit card company, it is important to act quickly and not ignore the situation. The very first thing you should do is contact Daic Law to learn more about your Dallas credit card lawsuit defense options.
It is completely understandable that you feel anxiety, dread, and uncertainty about what to do. First and foremost, you should know that you don’t have to face this alone.
Dallas Credit Card Lawsuit Defense Options
Many consumers don’t realize that there are defenses that we can use to help you challenge a credit card lawsuit and reach the best outcome possible. At Daic Law, our goal is protecting you and your legal rights.
We know how much pressure you are under. Financial hardship and debt matters are a common cause of anxiety and stress. We want you to know that we can help you. A credit card lawsuit is a big deal, but it does not have to be overwhelming.
Debt Lawsuit Defenses
At Daic Law, our debt defense lawyer is skilled in building defenses against credit card companies. Some of the defenses that may apply to your case include:
Improper Service
Texas law has specific guidelines for process of service – or the delivery of a summons to a defendant (in this case, you). If a creditor does not follow these guidelines, then you can assert this fact in your response to the lawsuit.
Statute of Limitations
Creditors do not have an unlimited amount of time to file a lawsuit to collect a debt. The statute of limitations on debts in Texas is four years. After the four years has expired, it becomes a time-barred debt. If you were sued outside of the statute of limitations, you can fight the lawsuit.
Fair Debt Collection Practices Act
Creditors and debt collectors must abide by the Fair Debt Collection Practices Act (FDCPA). This is a federal law that governs what creditors and debt collectors can and cannot do. For example, the FDCPA prohibits debt collectors from harassing or threatening consumers. It also prohibits creditors from threatening to sue a consumer outside of the statute of limitations.
As part of your credit card lawsuit defense, Daic Law will carefully examine the actions of the creditor and/or debt collector to see if they violated your rights.
Mistaken Identity
Sometimes creditors or debt collectors will confuse consumers who have similar names or addresses. This can be a simple mistake, but it can be costly to you. If you believe the lawsuit filed against you is due to mistaken identity, it is important to build a defense right away. You should demand proof that you owe the debt, and can ask the court to make the creditor produce documentation.
What Happens if You Ignore the Lawsuit?
For many people, being sued is so overwhelming that they just don’t know what to do, and therefore, they do nothing. This can be far more damaging to your financial and credit situation than facing the lawsuit head-on.
In Texas, you must respond to the lawsuit by the date given on your summons. If you don’t, the court can issue a default judgment against you. That means, essentially, that the credit card company wins. If a default judgment is ordered, the credit card company may have the ability to do the following:
- Garnish your bank account
- Seize non-exempt property
- Put a lien on your home
- Report the judgment on your credit report
While you may be tempted to put the matter out of sight and, therefore, out of mind, ignoring a debt collection lawsuit can make things much worse.
Get Legal Help with Your Debt Lawsuit
Instead of giving in to the temptation to ignore the lawsuit, get skilled legal help instead. At Daic Law, debt and lawsuit defense are what we do. Our debt defense lawyer is skilled in negotiation and litigation. If we can’t successfully reach a settlement with your creditor, we have the skills needed to go to trial.
Find out how we can help you with your credit card lawsuit by calling us at 877-893-6040, or by emailing us at info@daiclaw.com. Our consultations are always free, so don’t hesitate to get the help you need.
