Debt Lawsuit Defense
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Debt Lawsuit Defense Lawyer in Texas
Getting summoned for a debt lawsuit is possibly one of the most frightening things anyone can face. There’s so much uncertainty surrounding the lawsuit, and you don’t know what the outcome will be. Ignoring the lawsuit isn’t a good option. Instead, you need to face it head-on with the help of a debt lawsuit defense lawyer in Texas. Find out how a debt defense lawyer can help you navigate this process.
Legal Strategies for a Debt Lawsuit Defense in Texas
When you visit a debt lawsuit defense lawyer in Texas, he or she will review the evidence. Even if you think you legally owe the debt, your attorney might discover evidence that can help you win the case. Your attorney has various defense options, such as:
Debt Lawsuits and the Statute of Limitations in Texas
The statute of limitations refers to the length of time creditors have to file a lawsuit to collect a defaulted debt. Texas law states debt collectors have four years to collect, and the time does not restart if you make payment. Your debt lawsuit defense lawyer in San Antonio, Texas, will review the paperwork to see if the statute of limitations has passed. If it has, the attorney can get the case dismissed.
The Danger of Ignoring a Debt Lawsuit in Texas
Some San Antonio residents choose to ignore a debt collection lawsuit. They don’t feel they have a legal defense, so they don’t respond to the lawsuit. If you don’t respond to the lawsuit, the creditor will not be challenged in court. That means the court might enter a default judgment against you, even if the paperwork contains errors. Hire a debt lawsuit defense lawyer in Texas, to defend your case instead.
Do All Debt Lawsuits Go to Court?
Some debt lawsuits don’t make it to court. If your Texas, debt defense lawyer finds evidence that the debt isn’t valid, he or she can attempt to have the lawsuit dismissed. However, if the debt is valid, your attorney can attempt to negotiate outside of court. Cases that go to court are tried before a judge. Both sides will submit evidence, and the judge issues a ruling. If the judge rules in your favor, you don’t have to repay the debt. Otherwise, the court will issue a judgment against you so that the creditor can collect the funds. The judgment might later result in a bank garnishment.
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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,
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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.