Are you being sued by a company you have never had any type of account or business dealings with? Are they claiming that they are now the owners of an old account that was charged off long ago? Has the alleged balance due mushroomed because of fees and an exorbitant interest rate? Is it even your account?
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 and no one will ever hear your side of the story. In Texas you may have as little as 11 days from the date of service to respond before risking a default judgment.
The debt buyer, as the plaintiff, has the burden of proof. 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 they cannot show that they own 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 some cases the original creditor is not be willing to work with the, instead charging 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.
Types of Collection Suits We Handle
