Debt Collection Lawsuit in Texas
How Daic Law Can Help Fight Your Debt Collection Lawsuit in Texas
If you are being sued, you need a debt defense lawyer who knows how to protect your rights and fight for you. At Daic Law, we take thoroughly investigate each case to determine the best possible defenses and options for debt resolution. We will consider important factors in your case, such as:
- Errors or omissions in paperwork
- Legality of credit agreement
- Statute of limitations
- Debt collection practices
- Payment history
- Payment arrangements
- Summons process
Getting a summons is a frightening experience, but you do have rights, and there are ways you can fight back. You should never ignore a lawsuit, and help is available to ensure that you respond appropriately.
How Can I Defend Myself against a Debt Collection Lawsuit?
Just because you owe a debt does not mean that you sacrifice your legal rights. The best way to defend yourself against a debt collection lawsuit is to work with a skilled debt defense lawyer in Texas. There are various defenses to debt collection lawsuits, including:
- Identity Theft
- Mistaken Identity
- Statute of Limitations has Expired
- You were an Authorized User and not the Debtor
- There was no Cosigner Notice
- The Amount of the Debt is Incorrect
- You are in Bankruptcy
- The Creditor did Not File or Serve the Lawsuit Properly
- The Creditor Violated Your Legal Rights
What Happens if I Don’t Respond to the Lawsuit?
It is never a good idea to ignore a debt collection lawsuit in Texas. Ignoring the lawsuit could result in the creditor obtaining a default judgment against you. That means, essentially, that the creditor ‘won’ their case. This can happen even if there are errors or other factors that could result in your lawsuit being dismissed or your debt being reduced.
Without a formal challenge to the lawsuit, the creditor can then attempt to collect on the debt via the default judgment. They can even try to seize non-exempt assets and garnish your bank account. This can have a detrimental impact on your credit and financial security.
Is it Legal for Debt Collectors to Harass Me?
No. The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from harassing consumers. More specifically, it prohibits the following:
- Using offensive language
- Threatening you with physical harm
- Threatening you with criminal action or jail time
- Making false statements
- Attempting to collect the debt from a third party (friend or family member)
- Threatening to seize your home or assets
- Calling you between 9 p.m. and 8 a.m.
You can send a “cease and desist” letter to the debt collector demanding that they stop contacting your home or place of business. Keep copies of these records. If they continue to harass you, you may have grounds to take legal action against them.
Get Help With Your Debt Collection Lawsuit in Texas
If you have received a summons, it is important to contact a debt defense lawyer as soon as possible. Daic Law has the knowledge and resources you need to fight back against creditors and obtain debt resolution that works for you.
Learn more by calling us at 877-893-6040, or by emailing us at firstname.lastname@example.org.
What types of debt can you help me with?
At Daic Law, we represent individuals and families with a variety of different debts. Contact us if you are battling debt involving:
- Credit Card Debt
- Note Loan
- Repossession Deficiency
- Insurance Subrogation
- Insurance Premium
- Student Loan Debt
- Medical Debt
How long will it take to resolve my debt collection lawsuit?
The amount of time that your case takes will depend on the facts of your individual situation. Some cases can be resolved very quickly, while more complex cases may take more time. At Daic Law, we focus on the needs and best interests of each individual client, and we do not use a “cookie-cutter” approach to resolving your case. Each case is different and will have different variables depending on the parties involved, such as creditors, debt collectors, or debt buyers.
How long do I have to respond to a debt collection lawsuit?
In Texas, most debt-related lawsuits require a response within 20 days plus the following Monday from when you receive the summons. You should count weekends and holidays just to be safe.
Am I going to have to file for bankruptcy?
Not necessarily. Even if you have mounting debt or are being sued by a debt collector, there may be options for debt relief other than bankruptcy. Before deciding on bankruptcy, it is wise to speak with a civil litigation lawyer. Here at Daic Law, our lawyers are here to advise clients on all debt defense and resolution options that apply to them. Sometimes it is negotiating with a creditor, and sometimes it is filing for Chapter 7 bankruptcy. In any case, the best way to ensure a successful outcome is by working with a skilled lawyer.