Debt Lawsuit Defense

What to Do If a Creditor or Collection Agency Has Filed a Lawsuit Against You

Nothing is quite as scary as being served with a notice of a lawsuit being brought against you, and you may be tempted to just pay up and hope the problem goes away. If you do owe the money, you likely think you have no defense against a lawsuit.

You could be wrong! Credit card companies and debt buyers often fail to keep appropriate records, supply proper notification to debtors, and show up to court dates. Any of these errors—not to mention potential FDCPA or TDCA violations—could serve as a defense against a lawsuit.

When you hire Daniel Ciment of Ciment Law Firm for your lawsuit defense, he’ll take an extensive look at your debt, its history, and the creditor’s handling of the debt to look for different defense options. Some of the options he’ll look into include:

  • FDCPA violations. Luckily, debtors have substantial protection against unethical and abusive collection practices. Despite this, many creditors fail to follow FDCPA standards. If they violated your rights in any way, your attorney may decide to file a countersuit against them to reduce or wipe out your debt.
  • Improper service of summons. Texas has specific requirements that outline how summons must be served to named parties. If a creditor does not properly serve you with the court summons and complaint, their case could be dismissed.
  • Statute of limitations. Under Texas law, the statute of limitations on debt collection is four years. If it has been four or more years since your last payment or since the debt’s due date, the case could be dismissed.
  • Payment. Sometimes, debt collectors and creditors will attempt to bring a creditor to court even if they are attempting to make payments. Payment is often a valid defense to a debt lawsuit. Consider, for example, a credit card debt that was sold to a collector. In an effort to make it right, you paid the original creditor the balance due, but the collector is still attempting to get payment from you. Your payment could invalidate the lawsuit.
  • Lack of relationship. For a collector to enforce a debt against you, they must prove that they have a valid relationship with you. When a debt changes hands multiple times, companies often lose track of evidence proving that the debt is yours and that they purchased it. Unless they provide sufficient evidence, they may be unable to collect from you.
  • Mistaken identity. Even if creditors have the wrong person, they often continue to aggressively pursue payment. This often occurs when two people have the same names. The creditor has to prove that the debt is actually yours.

There are many ways Daniel Ciment will work to get your debt lawsuit dismissed and protect your rights. Over the course of his career, Ciment has defeated more than 3,000 debt lawsuits. This has saved his clients from over $2,000,000 of payments.

If you’ve been served with a lawsuit to collect unpaid debt, you must act quickly to find out your options. Contact the team at Ciment Law Firm to get started.

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