Law Office of Craig Jordan
990 S. Sherman
Richardson, Texas 75081
(214) 855-9355
(214) 855-9389 (fax)
craig@warybuyer.com
Credit Card Lawsuits Can Be Beaten!
If you have been sued on a credit card debt, you may believe you can do nothing to keep a judgment from being entered against you. That's not necessarily true. Just because you owe someone money does not mean they can get a judgment against you.
This is especially true when a debt collector has sued you. They pay pennies on the dollar for debts written off by the original creditors long ago. They have very little information about these debts; typically just a line of data in a computer file. They often do not have the application, account agreement or even monthly statements. In some cases, the original creditor has discarded these documents. Some of the most active debt collection lawsuit filers in the Dallas-Fort Worth area include:
- Unifund CCR Partners
- Asset Acceptance LLC
- CACV of Colorado
- NCO Portfolio Management
- Great Seneca Financial Management
- Palisades Collection, LLC
- LHR, Inc.
- LVNV Funding, LLC
- Resurgence Financial LLC
- Centurion Capital Corp.
When I defend a credit card case against a debt collector like one of these entities, one of the first things I do is send a discovery request asking for all the documents the collector needs to prove up its case. It is very rare that I get a complete response. Most of the time, all the collector is able to come up with is a few copies of monthly statements. It is very rare for an account agreement or an actual signature card to be produced. Without these documents it is very hard for them to prove a case, and I am able to get many cases dismissed at this point, long before trial.
Unfortunately, most of the time they don't ever have to prove the case. Fear, misinformation, and the high cost of legal assistance keep the people they sue from taking them on. Many of these credit card suits result in judgments without trial because the person sued does not properly respond.
This is true even though people who are sued have very good reasons why they should not have judgments entered against them. They may not actually owe the money, or they may owe substantially less than the amount claimed. The debt may have been in default for more than 4 years, which is the time limit for filing suit on a debt in Texas. The debt may be the result of identity theft or an identification mix-up by a debt collector who sues the wrong person. These are all good defenses to a credit card lawsuit, yet many people never properly present them to the court and suffer a judgment anyway.
Don't let this happen to you. Protect your rights. If you have one of these defenses, you may be able to stop even the most-well prepared debt collector. Even if you don't have one of these defenses, the debt collector who has sued you may well not have the evidence it needs to prove its case.
If you hire me, I will defend your case and try to get it dismissed. If you choose to settle, I will work to negotiate a settlement that is satisfactory to you.
My fee is very simple. I charge $1,250 to handle your case until the trial and any post-trial motions have been completed. This includes all costs, including charges for depositions and mediation, and is valid for cases in Dallas and Collin counties if I am hired before the answer is due in the lawsuit. I add $250.00 for Tarrant, Denton, Rockwall, Kaufman and Ellis counties. This fee does not include counterclaims or appeals, which are negotiated separately depending upon the nature of the case at that time. You can pay by Visa and Mastercard if you prefer that to cash or check. If you have any questions about what the fee, includes give me a call and I will go over it in detail. If you need a payment plan, I will divide the fee into 3 monthly installments.
If you hire me to defend you, I will also evaluate your case to determine whether we can bring a claim against the debt collector or its attorney for violating the debt collection laws. You may have such a claim if the debt collector or its attorney has:
- Harassed you
- Lied to you about the debt
- Tried to collect a debt you do not owe
- Contacted relatives, friends or co-workers about the debt
- Called you at work after being told you could not take calls at work
- Failed to properly respond to a dispute or request for verification
- Threatened to take illegal action, such as wage garnishment or seizing property protected by the homestead laws
- Failed to obtain a bond as required by Texas law
- Added fees or interest not authorized by the law or your agreement
- Sued you even though the statute of limitations on your debt has expired
- Misrepresented your debt on your credit report
- Threatened you with criminal prosecution, or
- Taken any of a number of other illegal actions
In some circumstances, your claim may put money in your pocket after the lawsuit against you is dismissed. Even it doesn't, the debt collector may be willing to include settling your debt as part of a settlement of your claim.
If you have been sued in the county or district court, you have until the first Monday after 20 days from the date you were served to file an answer. If you were sued in justice of the peace court, you have until the first Monday after 10 days from the date you were served to file your answer. If you fail to file a proper answer, the Court may enter judgment against you for that reason alone. This can happen even if you have a valid defense to the debt collector's claim. The debt collector may not have to offer any evidence against you other than your failure to properly respond.
Many debt collectors also include requests for admissions in their lawsuits. If you fail to properly respond, the Court may also enter judgment against you for that reason alone, even if you properly answered the lawsuit.
Call me today. I can take action to protect your rights and help you stand up to a debt collector who may be trying to take advantage of you. Don't wait until deadlines pass or hearings have been set to contact me. The fees quoted here are only valid for people who hire me before their answer date. If you wait too long, I may have to charge you more in order to try to reverse any damage caused by the delay.