Debt Lawsuit Defense Lawyer in Austin, TX
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Debt Lawsuit Defense Lawyer in Austin, TX
If you can’t keep up with your bills, you might be facing a debt lawsuit. There’s a myth that once a lawsuit is filed, you don’t have any legal recourse. You have to accept the judgment and move on to the best of your ability. That’s not true, though. The Ciment Law Firm has mounted many successful defenses over the years and can help you navigate the process. Learn more, and then contact a debt lawsuit defense lawyer in Austin, TX.
Common Debt Lawsuit Defense Strategies in Austin, TX
Daniel Ciment of the Ciment Law Firm began his legal career at a debt collection law firm. Because of that, the firm’s Austin, TX, debt lawsuit defense lawyers understand the complexity of these cases and know how to mount a successful defense. Potential defenses include:
Invalidating Lawsuits With the Statute of Limitations in Austin, TX
The statute of limitations to sue over debt is four years in Texas. Previously, debt collectors exploited a loophole that allowed them to restart the clock on the statute of limitations by taking payments on old debts. Once people made a payment, the statute of limitations restarted, extending the time creditors could sue. The Texas legislature closed the loophole in 2019, so the statute of limitations now starts when you default on the debt and cannot be restarted due to payment. Your debt lawsuit defense lawyer in Austin, TX, will protect you against paying time-barred debts.
Debt Collection Lawsuit After Payment Austin, TX
If you paid a bill in full but are still getting sued, you likely feel confused. You paid to avoid a lawsuit, but you are still expected to go to court. If you have proof of payment, that is a valid debt lawsuit defense. Your debt lawsuit defense lawyer in Austin, TX, will present the evidence, so your case can get dismissed.
What to Expect With a Debt Lawsuit in Austin, TX
Your Austin, TX, debt lawsuit defense lawyer will review the evidence and discuss the potential outcomes with you. The attorney might try to dismiss the charges or settle out of court. If it goes to court, the attorney will present evidence to attempt to invalidate the debt so the judge doesn’t issue a judgment against you.
Contact Our Debt Lawsuit Defense Lawyer in Austin, TX
A debt lawsuit defense lawyer in Austin, TX, can protect your rights. Instead of attempting to handle a lawsuit yourself, get help from a lawyer. Call the Ciment Law Firm at 833-779-9993 to schedule a free consultation.
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Why Choose The Ciment Law Firm, PLLC?
- Free Consultation – Find out which debt resolution option is best for you during a free consultation.
- Positively Reviewed – Our firm has numerous positive reviews on Google, Avvo, and other websites.
- Options for All Needs – From bankruptcy protection to judgment lien releases and student loan assistance, our firm provides ample options to resolve your debts.
- Experience on Both Sides of the Field – Daniel Ciment started his career at a debt collection law firm and now protects those in debt. His experience on both sides allows him to find solutions for his clients.
- Compassionate and Transparent – Patient and knowledgeable, the team is available to answer all questions and explain the process so that clients can reach their desired outcome.
- Six Office Locations – Schedule your appointment at an office in Katy,
Statute Of Limitations For Debt Collection Lawsuits
Many people are surprised to learn that there is a statute of limitations for debt lawsuits. The statute of limitations in Texas is four years from the date of default. Unlike many other states, you will not reset the statute of limitations if you make a payment on the debt after the default date. Also, the collection agency must notify you when the statute of limitations has expired. Even though you can’t be legally sued after the statute of limitations has expired, some debt collections will still attempt to get a judgment in court. By using the statute of limitations defense, you can get the case dismissed.
Getting Sued For A Debt After It Has Been Paid
Sometimes, people end up in court for a debt collection lawsuit after paying the debt. This generally happens when the creditor sold off the debt to a third-party collection agency. People pay the original creditor, not realizing the debt has been sold. The collection agency does not realize the debt has been paid, so it brings a lawsuit against the debtor. Providing proof of payment is a valid debt collection lawsuit defense. If payment has been made, the debt collection agency does not have legal recourse to collect additional money.
Debt Defense Lawsuit Outcomes
Debt defense lawsuits in Texas have four possible outcomes. Sometimes, lawsuits are dismissed before the case goes to court. For example, if the statute of limitations has passed, the legal team can get the case thrown out. Second, the debt lawsuit defense lawyer might negotiate a settlement for less than the amount owed. Third, the plaintiff might prove the debt and get a judgment for the full amount. Fourth, the defense attorney might invalidate the debt, so the judge rules in your favor. Hiring a debt defense lawyer is a vital step in reaching the desired outcome.
Don’t Ignore A Debt Collection Lawsuit
Ignoring a debt collection lawsuit is not wise. If the defendant doesn’t respond or appear in court, the judge can issue a default judgment in favor of the plaintiff. The court will also determine how the plaintiff can collect the funds. The court might allow the plaintiff to put a lean against the defendant’s homestead, garnish bank accounts, or seize non-exempt property. The judgment can also be reported to the three credit bureaus, hurting the consumer’s credit.