Credit Card Law Suit Defense

Are you being sued because of an old debt? Has the alleged balance due mushroomed because of fees and an exorbitant interest rate? Have you even had dealings with the company that is suing you?
Is it even your account?

Call Now for an Assessment 817-738-1633

Has a Deputy from the Court or a private service agent served you with process? Even though you may have never heard of the person suing you, do not ignore this. An answer must be submitted to the court within a certain deadline or the court may award the plaintiff a default judgment. This means that the plaintiff wins without having to produce any evidence, no one has held them to their burden of proof, and no one will ever hear your side of the story. In Texas you may have as little as 14 days from the date of service to respond before risking a default judgment. 

 

The debt collector, as the plaintiff, has the burden of proof. There are a number of things that the the plaintiff must prove, and certain procedures that they must follow. Debt collectors, especially debt buyers, frequently lack the documentation of the account or qualified witnesses with personal knowledge of the original account. Both of these things are necessary for a plaintiff to prove up their case. Many times the debt buyers cannot prove ownership of the account. A number of defenses, such as the statute of limitations, may apply.  Call now for a free consultation.

 

The majority of people that I consult with have valid reasons for incurring the original debt. I frequently hear stories of medical issues, deaths in the family, bitter divorces, or changes in employment status that can cause people who have always payed their bills on time to incur debt. In many cases the original creditor is not be willing to work with the consumer, but instead charges them a higher rate of interest and high fees for late payment, being over the credit limit, and so on. This makes it even harder for the consumer to get out of debt. I’m not here to judge you, I am here to help. I may be able to provide an alternative to filing bankruptcy.

 

Below are some of the collection attorneys that I have defended against. The list is not exhaustive.

Michael J. Scott PC/Scott, Parnell & Associates, PC
Michael J.  Adams PC
Moss Law Firm PC
Regent & Associates
Rausch Sturm Isreal Enerson & Hornik, LLC
Fulton Friedman & Gullace LLP
Jenkins Wagnon & Young, PC
Orlando & Braun LLP
Vincent Serafino Geary Waddell Jenevein P.C.

​Brown Law PLLC

Balekian Hayes PLLC

Javitch Block LLC

Emory Shannon P.C.

Scott Lowery P.C.