Credit Card Debt Defense

Are you facing a debt lawsuit? The reality of this recession is that many are falling behind on their bills. If you have been sued for a credit card lawsuit, please contact my office. You have several options. We can fight this case. Don’t be scared off by collection agents or opposing attorneys. Fear can prevent you from making the right decision. Contact my office now so we can answer your questions.

Here are some frequently asked questions with your answers.

“I RECEIVED A REQUEST FOR COLLECTION, WHAT SHOULD I DO?”

Contact my office immediately. If you do not present a timely response, the court will make a “default” judgment. In addition to the amount of the original debt, the court could add thousands of attorneys’ fees and costs.

“IF YOU OWE MONEY, SO WHY OTHARB IN THE CASE?”

No one is proud of being in debt. Don’t let feelings of guilt keep you from making the right decision. Believing that you owe them money does not mean that the plaintiff can prove your case. Did he sign a contract? Is that contract valid? Did you agree to every change in the interest rate and penalties? There are many ways to fight the debt issue. I will be willing to talk with you about the options available to you.

“HOW MUCH IS THIS?”

The consultation is free. The fees for representing you depend on the amount of the debt.

YOU HAVE RIGHTS UNDER THE FAIR DEBT COLLECTION ACT IN TEXAS!

Both Texas law and Federal law prohibit unfair debt collection practices. Often times, greedy debt collectors ignore your rights and deliberately violate these statutes. Telephone harassment is the most common practice, but it is not the only way debtors are harassed. Call today if you are the victim of an unscrupulous debt collector.

Texas fair debt collection law prohibits practices such as:

BULLYING

Debt collectors must not harass, oppress or abuse you or any third party they contact. For example, debt collectors should not:

• Using threats of violence or harm

• Publish a list of consumers who refuse to pay their debts (except the credit bureau)

• Using obscene or profane language

• Using the phone repeatedly to annoy someone

FALSE STATEMENTS

Debt collectors cannot use false or deceptive statements when collecting a debt. For example, debt collectors should not:

• Falsely suggesting that they are attorneys or government representatives

• Falsely suggesting that you have committed a crime

• Falsely representing that they operate or work for the credit bureau

• Misrepresenting the amount of the debt

• Indicate that the papers sent to you are legal formats when they are not

• Indicate that the papers sent to you are not legal formats when in fact they are

Debt collectors also cannot declare that:

• You will be arrested if you do not pay your debt

• That they will seize, garnish, take or sell your property or wages unless the collection agency or creditor intends to do so, and it is legal to do so

• Actions will be taken against you, such as a lawsuit, when this action cannot be taken legally or when they do not intend to take such action

Also, debt collectors should not:

• Giving false credit information about yourself to anyone, including the credit bureau

• Send you anything that looks like an official document from a court or government agency when it is not well

• Use a fake name

UNFAIR PRACTICES

Debt collectors should not engage in unfair practices when trying to collect a debt. For example, debt collectors should not:

• Collect any amount greater than your debt unless state law allows such a charge

• Deposit a post-dated check ahead of time

• Using deception to accept collect calls or pay for telegrams

• Taking your property or threatening to seize it unless legally possible

• Contact you via postcards