- Credit Card Debt
- Note Loan
- Repossession Deficiency
- Student Loan Debt
- Insurance Subrogation
- Lease (Commercial or Residential)
- Medical Debt
- Insurance Premium
- Contractor/Supplier Debts
Debt Defense Lawyers in Texas
Getting a citation (i.e., being served with a lawsuit) and finding out you are being sued by a creditor or third party debt buyer is one of the most frightening things anyone can experience. Most people in this situation experience a certain amount of panic when this happens. Our Debt Defense lawyers in Texas can help!
If you are asking questions like – What do I do? How do I respond? What are the risks? Don’t wait to get the answers you need.
At Daic Law, our debt defense lawyers in Texas know how frightening this situation really is. We have helped thousands of people just like you understand their rights and options after being sued by a creditor. We can help you face the lawsuit head-on, with us by your side every step of the way.
Find out how our debt defense law firm can help you by contacting us at 877-893-6040, or by emailing us at info@daiclaw.com. We offer a free case evaluation to every potential client!
Examples of Debt Defense Strategies
When you work with Daic Law, our first priority is conducting a thorough review of your case. That helps us understand your situation and position and choose the right defense strategy. To build a defense, we need to try and establish the following:
- Do you actually owe the debt?
- Are there errors or omissions in your paperwork?
- Is the credit agreement valid?
- Has the statute of limitations expired?
- Did the debt collector provide proper notice?
- Do you have a payment arrangement in effect?
- Has the creditor provided you with all applicable credits, offsets, and payments?
- Can the Plaintiff in your case prove that they have been assigned the debt properly?
Once we have all the facts, we will identify the best defense options and get started working toward a resolution. At any point during your case, we want you to feel comfortable contacting us and asking questions. Our team is here to help you get the resolution you need with confidence and trust.
Related Resources
Learn more about our Houston debt defense attorney
Find more information about Debt Lawsuits here.
Debt Defense FAQs
What type of debts do you help with?
At Daic Law, we represent individuals for a variety of different debts, including the following:
- Credit Card Debt
- Note Loan
- Repossession Deficiency
- Insurance Subrogation
- Insurance Premium
- Student Loan Debt
- Medical Debt
- Contractor/Supplier
We understand that many debt collectors or debt buyers use scary or threatening tactics to collect a debt. Credit card companies are notorious for their devious actions. At Daic Law, we are not afraid to take on even the most notoriously aggressive debt collectors or buyers.
What are defenses against Debt Collection Lawsuits?
By mounting a defense against a debt lawsuit, you are telling the court that there are reasons why the plaintiff (the person or entity filing the lawsuit) should not win. There are several defenses, including:
- The plaintiff cannot prove their claims
- You do not owe the money
- You believe the amount of the debt is incorrect
- The debt is the result of stolen or mistaken identity
- You are being sued even though you were only an authorized user on a credit card
- You were a cosigner but did not receive notice
- The creditor filed a lawsuit after the statute of limitations
- You paid some or all of the debt but have not received credit to your account
- You do not have a business relationship with the plaintiff who is a debt buyer and not the original creditor
- Your debt was relieved through bankruptcy
- An auto dealer did not make accurate disclosures
- Improper service due to the plaintiff not serving a Summons or Complaint, or serving the Summons or Complaint at a date where you could not file an Answer
These are some of the common defenses used to protect consumers in debt lawsuits. There may be other defenses available to you depending on the details of your case.
What are NOT defenses to a debt collection lawsuit?
In an effort to defend themselves against creditors, consumers often make a case for why they did not, or cannot, pay the debt. Commonly, consumers will argue:
- The reasons why the debt was not paid
- The reasons why the debt cannot be paid now
- Failure to negotiate a reasonable payment arrangement
- A statement requesting to make payments or settle the case
These are all legitimate elements of your case, but they are not legal debt lawsuit defenses. These are elements that are important in establishing your claim and working to resolve the debt, but they are primarily used as tools for your attorney to understand and build your case.
How long will my debt defense case take?
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.
Will I have to go to court?
Most of our debt defense clients do not have to physically appear in court. At Daic Law, we represent you in court, and will fight on your behalf. However, if you are served with a subpoena or the other party insists on a deposition, you may be required to appear in court. Don’t worry! Your debt defense lawyer will help you every step of the way.
If you have been sued by a creditor, the first step is to file an Answer or response to the Plaintiff’s lawsuit.
Once you have responded to the lawsuit, it may be necessary to engage in “discovery”. This means asking questions and requesting documents, as well as providing responses and documents to the other side (as necessary).
It might become necessary to draft and file OR respond to the other side’s motions. This can include a Motion for Summary Judgment, Plea to the Jurisdiction, Motion to Conduct Discovery, or any number of other motions that become necessary to file in your case. Daic Law can assist you with this!
If you are unable to resolve the matter without the need for trial, then it is important that you have an experienced debt collection lawsuit attorney who can help you prepare for trial and advocate on your behalf.
Start Your Debt Defense Today
There are several reasons why it is a good idea to start building your defense strategy as soon as possible. First, it is dangerous to ignore or put off responding to a lawsuit. If you don’t respond, there is no challenge to the lawsuit. As a result, the court can enter a default judgment against you. A “Default Judgment” means the court rules in favor of the creditor/debt buyer, even if their claims are incorrect or invalid.
Another reason you should start your defense as soon as possible is because there is a deadline for filing a response. Your response, or “Answer”, must be filed with the court in a reasonable time – often 21 days or less. If you pass this deadline, the court can issue a Judgment against you.
What is a Default Judgment?
If there is a default judgment made against you, you could face a clouded title on your home or property, garnishment (i.e., freezing and taking of funds) of your bank account(s), and it could affect your credit score and future creditworthiness.
Contact our Debt Defense Lawyers in Texas
At Daic Law, our priority is protecting your rights and helping you resolve your debt situation. We begin every relationship with a free consultation. There is no obligation to contact our law firm to learn more about how we can help you.
Next, we pride ourselves on being compassionate and communicative throughout the legal process. We work with you every step of the way and provide you with complete and regular updates about the status of your case. Please note that there may be periods of time where there aren’t many changes or updates in your case – that is okay! This is called the “discovery phase” and we are likely waiting on either documents/evidence from creditors/debt buyers or waiting on the court to schedule us for a hearing date.
Don’t Wait to Get the Help You Need!
If you have questions, we are here to help! Contact our debt defense law firm for a free consultation or to get answers. You do NOT have to endure a debt collector or debt buyer on your own.
Call our debt defense law firm in Texas at 877-893-6040, or email us at info@daiclaw.com. Daic Law serves clients throughout Texas. We regularly help clients in Houston, Dallas, Austin, San Antonio, El Paso, Galveston, and surrounding areas.