Debt Collection Attorney Burleson, TX
You Need A Strong, Seasoned Ally
Are you plagued with debt-collection issues? Is a creditor or collection agency making your life, miserable? If so, I can greatly help your situation. It's important to know that some creditors will utilize illegal or unethical tactics in order to secure money they are owed.
My name is James Foley, and I am an experienced debt-collection attorney who can, skillfully, guide you through the legal complexities that are, inevitable, with debt-collection cases. If you want your life back and no longer wish to live in fear or anxiety, I can be the ally you will, absolutely, need.
Debt Collection – A Few Things To Keep in Mind
*** Debt collection can take three forms – a debt collection agency, a collection attorney, or entities that purchase debts (often pennies on the dollar) in order to collect those debts.
Your Debt Does Not Stand Still
If your non-payment of debt is 6 months old, your creditor will utilize an in-house collector, referred to as the 'first party', while you are referred to as the 'second party'. The services of a 'third party' can be used if attempts to collect the debt are unsuccessful, and would be an outside organization. Your original creditor may choose to write off your debt and sell it to a different type of outside collection agency, called a 'debt buyer'. Here, the original creditor relinquishes any involvement with the debt.
Be Prepared – Debt-Collection Lawsuits
Aggressive legal pursuits regarding debt collection are commonplace; and look like this:
*** The creditor, or debt collector, may sue you.
*** The debt may be placed with a debt-collection attorney; and you can be sued in state court. You could could be legally liable for the entire amount of the debt.
It is vital you respond to the court, very quickly, or the plaintiff could be awarded a default judgment against you. If you choose to not respond, the plaintiff would win the case without having to produce any evidence against you! If this happens, you will have forfeited all rights to present your case. In Texas, you may have as little as 14 days from the date of service to avoid a default judgment.
Debt-Collection – Your Do Have Rights
There are provisions that protect debtors when presented with a debt-collection lawsuit. If any of the three situations would apply to your account, it could be in your favor:
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
Often times, in debt-buyer cases including Midland Funding or Portfolio Recovery, in particular, creditors will sell their accounts in very large quantities which can result in their inability to demonstrate ownership of accounts. Even though a collection agency may handle tens of thousands of delinquent accounts, I would be able to determine if your collector has legitimate ownership of your particular account.
3. Inability to Authenticate Documents
Again, in debt-buyer scenarios that involve Midland Funding or Portfolio Recovery, collectors may not be able to authenticate documents of the original creditor. In some cases, collectors may not have ANY of the original credit documents! Often, collectors purchase the debt from a previous debt collector, not your 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, don't celebrate too quickly since creditors can sue you, again, if errors are found that contributed to the dismissal. However, when you are represented by expert counsel, creditors may choose a type of withdrawl in which they would non-suit their case against. This transaction is referred to 'without prejudice' since it would involve a ruling not associated with the merits of the case.
2. The Case is Ruled in Your Favor
A 'ruling in your favor' is the ultimate win! 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 collector 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 amounts and payment scheduling that are accepted by the defendant and the plaintiff.
You Need Legal Support
If you feel as if you have no where to turn, be assured that I can guide you through the maze of legal complexities. Creditors have aggressive 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~