Debt Collection Attorney Fort Worth
Don't Wait to Get the Help You Need
Debt collection – these mere words can cause great concern for anyone who owes money that is overdue and difficult to pay. When collectors become involved, it can become scary; and some tactics collectors use would be considered abusive. It is vital you become aware of what collectors are legally allowed to do and not do!
If you are in a situation where debt collection has invaded your life and eaten away at your sanity, it's time to join forces with an experienced debt-collection attorney. My name is James Foley; and I specialize in debt collection. I can navigate you through the legal challenges and help you get back on your feet so you can live, with normalcy, once again.
Debt Collection – What You Should Know
Below, are few points you should be aware of concerning debt collection:
*** Debt collection can take three forms – a debt collection agency, a collection attorney, and entities that purchase debts (often pennies on the dollar) in order to collect those debts.
Debt-Collection Lawsuits
Procedures for lawsuits regarding debt collection can include the following:
*** The creditor, or debt collector, may choose to sue you.
*** If the debt is placed with a debt-collection attorney, you could be sued in state court and be legally responsible for the full amount of the debt, as stated in the creditor's lawsuit.
It is very important you respond to the court in a timely fashion or the plaintiff could be awarded a default judgment against you. If you fail to respond, or do not respond it time, the plaintiff wins without having to produce any evidence regarding its case against you! At the same time, you will have relinquished all rights to plead your case. In Texas, you may have as little as 14 days from the date of service to avoid a default judgment which would give the creditor everything being asked for.
Debt-Collection – Your Do Have Rights
There are laws that protect debtors when presented with a debt-collection lawsuits. Keep in mind, however, that even though certain consumer-protection laws exist, you will need an experienced debt-collection lawyer to wade through the legal complexities. If any of the following might apply to your case, it could prove favorable for you.
1. Statute of Limitations
In Texas the Statute of Limitations is generally 4 years. However under Texas Law this is an affirmative defense, meaning that you the defendant, in your answer, must plead it and prove it. Just because a lawsuit is based on a debt that is time barred, it will not go away on it’s own. The court is not going to research the case for you. That’s for you to flesh out with your own evidence or by of the discovery. If you fail to answer a default will be granted in favor of the creditor.
2. Inability to Prove Ownership of the Account
Frequently, in debt-buyer cases including Midland Funding or Portfolio Recovery, in particular, creditors will sell accounts in huge bundles. Though a debt buyer may deal with tens of thousands of delinquent accounts, I would determine if the collector has legitimate ownership of your account.
3. Inability to Authenticate Documents
Particularly common, again, in debt-buyer scenarios that involve Midland Funding or Portfolio Recovery, it can become impossible to authenticate documents of the original creditor. In some cases, the collectors may not have many of the original credit documents; and the information may be inaccurate. Also, collectors may have purchased the debt from a previous debt collector, not the original creditor!
Outcomes of a Debt-Collection Lawsuit
Debt-collection lawsuits can end in one of four ways:
1. The Case is Dismissed
If the court dismisses your case, you can be sued at another time if errors are found to have contributed to the dismissal. However, when creditors are challenged by competent counsel, they may choose a type of with drawl where they would non-suit their case against you. This action would be considered 'without prejudice' since it would involve a ruling that would not be based on the worthiness of the case.
2. The Case is Ruled in Your Favor
A 'ruling in your favor' is the gold trophy! Once certain appeal deadlines have passed, the debt collector or creditor no longer has any legal power over you. Here, you would have the option to file for monetary compensation against the creditor. I would recommend you utilize my services to optimize your compensation and have the debt, entirely, removed from your credit report.
3. The Case is Ruled in Favor of the Collector/Creditor
A ruling in favor of the debt collector or creditor means you would face a judgment which would stipulate the debt amount you would be obligated to pay. Property liens, bank-account levies, property seizures and other measures could be used by the creditor towards payment of the debt.
4. The Case Reaches an Agreed Settlement
At times, a trial can be avoided if both parties reach an agreement with payment details that are mutually acceptable, including amounts and payments schedules.
You Need Legal Support
Though circumstances surrounding your debt-collection may feel overwhelming, I can guide you through the myriad of legal challenges you wouldn't want to face on your own. Creditors have staunch lawyers on their side to fight for their rights; and so should you!
Call me, today, for a complimentary case assessment in any of these areas:
*** Defense from debt-buyer suits
*** Defense from original-creditor suits
*** Defense from loan-deficiency suits
*** Chapter 7 Bankruptcy
I look forward to discussing your needs!
James Foley
~Credit Card Lawsuit Defense & Bankruptcy Attorney~
817-738-1633
~Your peace of mind is only a phone call away~