Have you received mail with the following notices?
Debt Buyer Suit | Original Creditor Suit | Post Vehicle Repossession Suit | Loan Deficiency Suit | Credit Card Suit
If so, take them seriously. They may look like spam mail, or they may not appear to apply to you. If you delay, you lead to a default judgment and could damage your credit for years to come, even if the mail is fraudulent. Whether you’re in Weatherford, Hood County, Parker County, Mansfield, Lake Worth, or Granbury, all of North Texas needs to be aware of the dangers of these notices.
Let me be clear: You have power under these circumstances, if you approach them head-on, and with proper counsel. I’m James Foley, PLLC, and I have extensive experience guiding clients through the debt defense process.
It can get stressful, time consuming, and has likely already brought you grief. I’m happy to tell you that with me at your side, you’re going to be OK. See if any of the below describe your situation:
“I don’t believe this notice is legitimate/I don’t have a debt with this company.”
You may have had your identity stolen or you may have had someone compromise you via the Equifax hack of 2017. Check your most recent credit report (not your credit “score”) by logging into www.annualcreditreport.com, and selecting one or two of the three available reports. They will be available to you immediately, and you’ll be able to see what accounts exist under your name and social security number.
If you have had your identity compromised, and are about to be sued for the delinquency, I will defend you and lead the charge in disputing the account. Credit agencies may not respond to your requests, and that’s where I’ll hold their feet to the fire and force them to obey the law. You also may be owed damages up to $1,000.
Companies like Midland Funding or Portfolio Recovery have often been known to purchase registers of delinquent accounts. They don’t know anything about the listed names.
“I ignored the original notice and I am being sued.”
This is where you may have been threatened or harassed. I advise you to contact me immediately. Despite their right to sue a delinquent account holder, they do not have the right to harass or intimidate you. While earlier scenarios may be doable, this is a situation where avoiding the attorney hire could cost you much more than my salary would.
Whether you choose to take advantage of my free consultation or not, my first advice is to reply quickly. Texas law gives you as little as 14 days to reply to a court summons. If you do not act, you are taking the worst possible position, and suggesting to the court that you do not intend to defend your innocence.
Face the court and respond, then call me and I’ll help you decide what to do next.
“I’ve received a notice from an account that I owe debt on, and have 30 days to respond. However, I can NOT afford to pay, even if I had more time or a lower payment.”
Bankruptcy is not nearly as scary as a lawsuit, and can be a fairly straightforward, conciliatory process. I don’t advise every client in this situation declare bankruptcy; however I do recommend that no client in a compromised position pay the account no matter what.
I can advise you further on the Bankruptcy question, and you may qualify for Chapter 13 if your income exceeds the median, or Chapter 7 if your income falls below the median. Either way, there is nothing dishonorable about owning up to your delinquent accounts.
If you successfully complete bankruptcy, you have the right to a clean and clear credit report. Most of your past creditors are no longer allowed to access your information. And if you’re ready to comply with the applicable process, you will find the relief that you so badly need.
Wherever you may lie, I’ve helped clients across Weatherford, Burleson, Aledo, Arlington, Lake Worth, Mansfield, and Grapevine enjoy the freedom of a new start.
Parker County, Hood County, and Johnson County, I am at your service as soon as you’re able to call me and schedule a free consultation. Debt buyer suits, original creditor suits, vehicle repossession suits, and loan deficiency suits are all in my wheelhouse.