Debt Relief Lawyer | Weatherford | James Foley PLLC
Have you received a message that reads as follows?
MIDLAND FUNDING: Debt Buyer Suit
ALLY FINANCIAL: Vehicle Repossession
CAPITAL ONE BANK: Creditor Suit (or Loan Deficiency)
You’re researching your next available steps, and that’s the right thing to do.
I’m James Foley, PLLC, and I am a debt relief agent. I’ve put together this series of steps that will hopefully give you a plan for getting back on your feet, from a credit standpoint. I’m here to help you, and to make this stressful time easy to handle.
If you’re concerned about the prospect of jail time, call me at 817-738-1633. It’s a threat, but jail time is very rare, and I’ll work to prevent it for you.
Tarrant County, Parker County, and anyone else, know that the light at the end of the tunnel is in sight, and I’ll fight for the best outcome for you.
1. Address or reply to the notice if necessary.
Join the long list of my clients in Weatherford, Aledo, and Burleson, who are choosing to take their fates back in their own hands. Whether this is your first debt suit notice or not, take action and play by the rules. The sooner you confront these suits, the better.
And pay attention to the summons. Most cases may only give you 14 days to respond, and choosing not to could be catastrophic. Engaging with these intimidating letters is the hardest part of this process, I promise!
2. Is this Identity Theft?
Even if you are the victim of identity theft you still have to answer the lawsuit. The Court is not going to do your homework for you. If you do not answer the lawsuit the Court will take the other sides pleadings at face value. Most collection attorney lawfirms are mills cranking out large volumes of lawsuits with only a cursory review of the evidence. It’s up to you to stand up for yourself.
Make sure first that your identity hasn’t been stolen, otherwise a bad actor may have used your information to open their own credit card in your name, or something of that sort. Use www.annualcreditreport.com as a totally free way to evaluate the standing of your credit, and to make sure that you recognize everything present. If you don’t recognize the company suing you, call me at once and we’ll make sure you’re not held liable.
The first step is to get a police report. The next is to go to the Federal Trade Commission site for an FTC Identity theft affidavit. Then, you should freeze your credit with the three agencies (TransUnion, Equifax, and Experian). Now, someone will contact you for verification every time someone attempts to take out a new account in your name. That said, you still have to answer the lawsuit and present your defense to the court. I can help you navigate this.
3. OPTIONS:
If you have been sued you generally have 3 choices. You can fight the debt, you can settle the debt, or you can file bankruptcy.
Your success at trial is dependant on a number of factors; are we in Justice of Peace Court compared to County or District Court? Who is the Judge? Is this a debt buyer or an original creditor? What County are we in? I can help you make this determination based on 12 years of experience. One thing that is not going to help you is trying to explain to the judge why you owe this debt but it’s not your fault. This is not a criminal case where you throw your self at the mercy of the court.
OTOH good hardship information may help you settle a case. One reason to hire me is to buy your self more time to save up to settle. Often I can get direct access to their attorneys and get a better deal than you can. I can also serve discovery and help you evaluate the case.
If you cannot win, and you cannot afford to settle then you really need to consider bankruptcy. I hear a lot of objections or hesitations about bankruptcy, and it’s rarely based on reality. Call me for a free consultation.
4. If you can’t pay off the debt suit, that’s OK.
A couple of centuries ago, bankruptcy may have been a death sentence, but not today. While the “B” word is scary, it’s an unfortunate part of our lives in the current financial system. As a debt defense attorney, I am licensed and experienced in guiding you through the bankruptcy process, and can usually help you keep valuable assets in the process. You can do this, and I’m here to help you.
Whatever your preliminary knowledge of chapter 7 and 13 bankruptcies may be, I’ll sit down and discuss both with you. We’ll make a plan and set you up for success. The process is very straightforward, and even more so with me at your side. There’s no shame in coming clean on debts! Hold your head high.
You may never have to see a judge if we do it all right. You’ll simply meet with a representative of your creditors.
The End is Near (in a good way!)
We’ll do the math, whether you’re looking to discharge debt through bankruptcy, or negotiate with one or more plaintiffs. And once the math has been done, you’ll be able to sleep knowing you’re in the best position to act.
No matter what happens, and whether you’re in Weatherford, Burleson, or Fort Worth, call me today at 817-738-1633.
Take a deep breath.