Let's Fight This, Together!
It is astonishing how quickly credit-card debt can accumulate; and, equally, astonishing is what credit-card holders can face when payments become delinquent. Even though credit-card debt is considered 'unsecured', the consequences of delinquent payments can be nothing short of a nightmare. Even if one payment is missed, that is enough for the creditor to sense an alert and assume more missed payments could be on their way. If the pressure of a creditor is at your door, it is time to seek the legal guidance of a seasoned attorney who knows every nook and cranny of the law.
As a credit-card-lawsuit debt attorney, I am fully aware of every recourse the law allows for your protection; and my job is to guard your rights and help you get back on the road to financial recovery. It all boils down to debt-defense and making sure one or more creditors do not abuse their power against you – allow me to be your potent ally!
These questions may stir anxiety: 1) Has a lawsuit been filed against you by a debt collector 2) Have you experienced any type of contact with the company that is suing? 3) Have you been served with a summons?
And regarding being served a summons, here is a bit of insight: it is not uncommon for the Plaintiff to utilize a plain-clothed process server who may arrive at your home or business, totally unannounced. The Plaintiff is not bound to the services of a uniformed deputy, to effect service.
Circumstances in life can cause finances to become severely unmanageable; and if this is true of you, know that you are not alone. Divorce, death of a spouse, medical bills, a job loss or any other life-changing experience can reek havoc with finances – and it can happen to anyone!
Seek the Expertise You Need
Facing a credit-card-debt lawsuit is not, necessarily, a 'death sentence' for your finances and your sanity – this IS hope! Though there are multiple measures creditors will utilize in an attempt to retrieve their money; in the end it is possible you may not have to pay back the debt or file for bankruptcy. Fortunately, there are standards, within the law, that protect your assets. The thought of a frozen bank account or repossession of assets is scary, indeed. Since you want to maintain as many assets as possible, you need the expertise I can provide.
The Debt Lawsuit Process – A Maze of Legalities
The debt lawsuit process is a set of legal logistics – an offensive battle on the part of the creditors who are chomping at the bit, to win. The normal process looks like this:
*** The credit-card company, or debt buyer, may choose to sue you.
*** A wholesale debt buyer might buy the outstanding credit-card debt from the original credit-card company. When this takes place, the debt buyer can exercise, virtually, the same legal rights as the original creditor. The assignment of debt, however, is often a very weak component in the creditor's arsenal of evidence.
*** The debt may be handed over to a debt-collection attorney.
*** The debt-collection attorney can sue you in state court; and you could be held legally responsible for the full amount owed.
It is vitally important you do not assume you have excess time to respond to the court – often, there is a small window of opportunity for you to do so. If no response from you is received by the court in a timely manner, a default judgment against you could ensue. This would mean the plaintiff would win and would not be forced to provide any evidence to prove its case! At that point, you will have forfeited any opportunity to plead your case. In Texas, you may have as little as 14 days, from the date of service, to escape a default judgment.
Debt Defense – I Will Fight for Your Rights
The law ensures your rights are protected in a debt-related lawsuit:
1. Statute of Limitations
With statue of limitations, time has run out and lawsuit proceedings against you are null and void. The creditor must relinquish all attempts to pursue any further action regarding your case. Every state has its own statute of limitations guidelines.
This is an affirmative defense where you must become an active participant. All too often, potential clients have informed me they ignored their respective lawsuit, feeling it was invalid – this is not a wise choice! The court will expect you to do your job and show up and defend your case. If not, the creditors' pleadings will be accepted at full value; and a judgment will be granted against you.
2. Inability to Prove Ownership of the Account
In debt-buyers cases – especially those that involve Midland Funding or Portfolio Recovery – creditors will, often, sell these accounts in massive bundles. As a result, it can become very challenging for them to demonstrate that your account was included in the transaction.
3. Inability to Authenticate Documents
More typical, again, in debt-buyer situations, companies like Midland Funding and Portfolio Recovery can run into big problems with authenticating documents of the original creditor.
Outcomes of a Lawsuit
There are four possible outcomes regarding a credit-card lawsuit:
1. A Dismissal of the Case
Even though your case might be dismissed, you may not be out of the woods since you could be sued at a later date. The creditor has the right to re-file the lawsuit; but when creditors are met with competent counsel, they may choose a type of withdrawl in which they would 'non-suit' their case against you. This dismissal is considered 'without prejudice' since it does not constitute a ruling on the merits of the case. It is important to realize that creditors can refile or sell to a debt buyer. The debt can remain on your credit report.
2. A Ruling in Your Favor
A 'ruling in your favor' by the court is the coveted outcome! This means the creditor would no longer have the legal right to collect anything from you; and you would have the option to file for monetary damages. If you are fortunate enough to be on the receiving end of a ruling in your favor, I could continue to partner with you to remove the debt from your credit report.
3. A Ruling in Favor of the Credit Card Company
If the court were to rule in favor of the credit card company, you would be faced with a judgment that would stipulate the dollar amount you would owe. Property liens, bank-account levies, and property seizures are samples of what a creditor can do to help remedy payment of the owed debt.
4. An Agreed Settlement
The inconvenience of a trial can be bypassed if all parties reach a mutually-agreed-upon payment schedule.
Law Suits and Secured Debt
Unlike credit-card debt, secured debt is backed by collateral which acts as security against non-payment. Items of value such as vehicles, homes, jewelry, business property and business equipment can be liquidated if the debtor defaults on the loan.
Lenders can, also, recover money from the debtor to help pay the lender's costs affiliated with property sales and legal fees.
Don't Battle This Alone
You want your financial and emotional life back; and the good news is, there IS hope! As a seasoned attorney in debt-related lawsuits, I will navigate you through all the legal nuances to increase your chances of holding on to as many of your assets, as possible. Creditors have powerful lawyers on their side to protect their assets; and so should you! I will be with you from beginning to end!
Call me, today, for a complimentary case-assessment if any of these areas apply to you:
*** Defense from debt-buyer suits
*** Defense from original-creditor suits
*** Defense from vehicle repossession
*** Defense from loan-deficiency suits
*** Chapter 7 bankruptcy
I look forward to hearing from you!
James Foley
~Credit Card Lawsuit Defense & Bankruptcy Attorney~
817-738-1633
~Your peace of mind is only a phone call away~