DEBT LAWSUITS

Debt Lawsuits

Texas Debt Lawsuit Attorney | Schafer Law Firm, P.C.

When a creditor or debt buyer files a lawsuit against you, there are several steps to the process, and each step provides an opportunity for your defense. First, they must file the lawsuit in a court that’s convenient to you — not halfway across the country or even in the wrong county or precinct. Second, you must be given notice of the lawsuit by proper service. Third, by requesting the right information and documents in discovery, they must be able to produce records showing the debt and be able to prove that they are accurate. Fourth, you have the right to a trial where they will have to prove the elements of their claims in accordance with the rules of evidence and procedure.


When you are sued on a debt, whether it is for an unpaid credit card, a vehicle loan, a student loan or some other consumer debt, you should get legal representation from an attorney experienced with debt lawsuits to inform you of your options and defend you if that option is right for you. If you do nothing or do not properly answer the lawsuit, the company suing you could get a judgment against you. With a judgment, they can file a writ of garnishment and freeze your bank account without prior notice to you.


Schafer Law Firm, P.C. has successfully defended thousands of people in Texas in collection lawsuits brought by creditors and debt buyers. Because everyone deserves the best defense, the firm has payment plans for its clients with qualifying circumstances. When you hire Schafer Law Firm, P.C., an attorney will appear on your behalf and file an answer to the lawsuit so you will not have to go to court to make an initial appearance. If you can’t take time off work or you just hate the thought of being inside a courtroom, it is important to note that almost all of the firm’s debt lawsuit clients have never had to go to court.


Because of our success in defending debt lawsuits, we can often negotiate favorable terms for you to settle the lawsuit without having to go through the expense of paying for a full defense.


Our current fees to negotiate for a settlement of a debt lawsuit are:

Amount of Lawsuit Total Fee
Up to $2,500 $500 or less
$2,500.01 to $3,000 $600 or less
$3,000.01 to $5,000 $800 or less
$5,000.01 to $7,000 $1,100 or less
$7,000.01 to $9,000 $1,300 or less
$9,000.01 to $11,000 $1,500 or less
Above $11,000 Determined after reviewing your case

Fees may be different for Midland, Ford and Credit Acceptance accounts.




Debt Lawsuits FAQ

  • What to do when sued for a debt?

    Getting sued for a credit card can be stressful and overwhelming, but taking prompt action and understanding the process can help protect your rights and allow you to have some control of the process. Here's a list of things you need to do:


    Immediately:


    1. Read the lawsuit carefully: Understand the details of the claim, including the amount owed, the creditor suing you, and the basis for their claim. Pay close attention to deadlines for responding.


    2. Identify the plaintiff: Is it the original credit card issuer or a debt collection agency? Knowing who you're dealing with can help determine next steps.


    3. Verify the debt: Don't assume the debt is accurate. You have the right to request verification from the creditor, but at this stage, they may not respond unless you do it through the legal process called discovery. If the debt is not yours or the information is incorrect, dispute it immediately.


    4. Check for errors: Look for inaccuracies in the amount owed, dates, or account information.


    5. Consider statute of limitations: Each state has a timeframe for filing lawsuits on debts. If the debt is past its statute of limitations, you may be able to raise that defense to the lawsuit.


    6. Seek legal advice: Consulting with a qualified attorney with experience dealing with consumer debt is crucial for you to make an informed decision on how to proceed. They can guide you through the legal process, answer your questions, advise you on your rights, defenses, and potential outcomes and represent you in court.


    Within deadlines:


    7. Respond to the lawsuit: Don't ignore the lawsuit. You must file a formal response within the specified timeframe, as soon as 14 to 21 days depending on the court. Ignoring the lawsuit will result in a default judgment against you, significantly limiting your options.


    8. Gather evidence: Prepare any documentation supporting your case, such as payment records, communication with the creditor, proof of hardship, or evidence of identity theft.


    9. Consider your options: After discussing with your lawyer, evaluate possible resolutions like full payment, negotiation for a settlement, payment plan, or even bankruptcy (as a last resort).


    Throughout the process:


    10. Stay informed: Keep track of all deadlines, court dates, and communication with the creditor or your lawyer. Be proactive and respond promptly to any requests or developments.


    11. Stay organized: Keep all documents related to the lawsuit, communications with the creditor/lawyer, and notes on important deadlines in a safe place.


    12. Maintain communication: Be honest and upfront with your lawyer about your financial situation and goals. Communicate openly and actively throughout the case.


    13. Prioritize your well-being: Don't let the stress of the lawsuit consume you. Seek support from friends, family, or mental health professionals if needed.


    Additional tips:


    14. Don't ignore the lawsuit: Ignoring the lawsuit won't make it disappear. It will likely result in a judgment against you, and could result in bank account garnishment, liens on your property, and damage to your credit score.


    15. Be cautious of scams: Beware of debt relief scams promising quick fixes. Consult with a legitimate attorney before making any financial decisions.


    Remember: This information is for general guidance only and should not be considered legal advice. Consult a qualified attorney for personalized advice on your specific situation.


  • How do I answer or respond to a debt lawsuit?

    Responding to a debt lawsuit can be complex and have significant legal consequences, so it's important to consult with a lawyer experienced in debt collection defense before taking any action. They can advise you on the specific steps to take based on your unique situation and the laws of your jurisdiction.


    However, here's a general overview of the process:


    1. Understand the lawsuit: Carefully read the complaint, which outlines the allegations against you, the amount claimed, and the deadline to respond. Pay close attention to the specific claims and the legal basis for the lawsuit.


    2. Consider your options: 

        a. Consult an attorney: This is the best course of action. An attorney can advise you on your legal rights, potential defenses, and the best way to respond to the lawsuit. 

        b. Self-representation: If you decide to represent yourself, be aware of the complexities of the legal system and the risks involved. You'll need to research court procedures, applicable laws, and properly format your response. 

        c. Identify the court and judge: The lawsuit will specify the court where you need to file your response and the judge presiding over the case.


    3. Meet the deadline to respond: Failing to respond within the specified timeframe (as little as 14 to 21 days) can result in a default judgment against you, significantly impacting your financial situation. 


    4. Don't ignore the lawsuit: Ignoring it won't make it go away. It will only worsen the situation and make it harder to defend yourself.


    5. Determine your response options:

        a. File a motion to transfer the case to a different court. This can be technical so the advice of a lawyer is recommended.

        b. File an answer: This is the most common response, where you admit or deny the allegations in the complaint and raise any defenses you may have. It is important to consult with a lawyer first because the wrong information in your answer can be as bad as not answering at all.

        c. File a motion to dismiss: This is a request to the court to throw out the lawsuit based on procedural errors or legal deficiencies.

        d. Negotiate a settlement: You may be able to reach an agreement with the creditor to resolve the debt for less than the full amount claimed. Be aware some settlements still result in judgments. Talk with a lawyer for more information.


    6. Gather evidence: Collect any documents supporting your case, such as credit card statements, payment receipts, proof of hardship, or evidence of fraud.


    7. Follow the court's instructions: The court will provide you with instructions on how to proceed with your response. Be sure to follow these instructions carefully and meet all deadlines.


    Remember: This is a general overview, and the specific steps you need to take will vary depending on your situation and the laws of your jurisdiction. Consulting with an attorney is crucial to ensure you take the appropriate steps to protect your rights and interests.


  • What is the court process when you get sued?

    The court process when you get sued can be complex, confusing and stressful, but understanding the key steps involved can help you navigate the situation more effectively. Here's a breakdown of the typical stages:


    Pre-trial Phase:


    1. Service of Process: The lawsuit begins with the plaintiff (the person suing you) filing a complaint with the court. You will then be served with the lawsuit, which means you are officially notified of the legal action against you. This can be done by a process server, mail, or other means permitted by law.


    2. You will then be served with the lawsuit, which means you are officially notified of the legal action against you. In Texas you will be served with a document called a “citation” attached to a  "petition" outlining the claims against you, the amount sought, and a deadline to respond. Most process servers are dressed in plain clothes.


    3. Meeting the response deadline: This is crucial. Missing the deadline can lead to a default judgment against you, granting the plaintiff their claims without a trial. If you file an answer to the lawsuit with the wrong information, then you could quickly lose the case in a summary judgment hearing. If you hire a lawyer, they will file the answer for you. If you hire a good lawyer, they will file the correct answer.


    4. If you are fighting (defending) the lawsuit then there can be a discovery stage depending on the court. This stage involves exchanging information and evidence between both parties. This may involve depositions (questioning under oath), document requests, and interrogatories (written questions).


    5. This phase can also involve various legal motions and hearings, such as motions to exclude evidence or motions for summary judgment. It's also where settlement negotiations may occur. The judge may schedule conferences to discuss the case, address procedural issues, and encourage settlement.


    Trial Phase:


    1. The jury (or judge in a bench trial) will then decide if the plaintiff has proven their case by a preponderance of the evidence.


    2. The trial involves opening statements, presenting evidence, witness testimony, 

    closing arguments, and jury instructions.


    3. Judge or Jury deliberation: The Judge or jury deliberates privately to reach a verdict.


    4. Verdict and judgment: The Judge or jury announces their verdict, which can be in favor of the plaintiff or the defendant. The judge then enters a judgment based on the verdict, which may involve awarding damages or other relief.


    5. If a judgment is entered against you, it is a court order requiring you to pay them a certain amount of money.


    Post-trial Phase:


    1. Appeals: Either party can appeal the judgment to a higher court if they disagree with the outcome. The procedures and financial requirements depend on the jurisdiction and court.


    2. Enforcement of judgment: If the plaintiff wins, they may take steps to enforce the judgment, such as garnishing bank accounts or seizing assets. The plaintiff can request the court enforce the judgment, which could involve collecting money from the losing party, seizing property, or other actions ordered by the court.


    3. If the plaintiff wins, they can also send you post-judgment discovery requests where you can be required to provide them with information like where you bank and your account number along with any other assets you own.


    This is a general overview, and specific procedures may vary depending on the type of lawsuit, the court, and your location. Remember, the legal system can be complex. The court clerks and judges cannot give you legal advice. Seeking professional legal advice from a lawyer is highly recommended to ensure your rights are protected and you navigate the process effectively.


  • Can a debt buyer sue me?

    Yes, a debt buyer can sue you. In fact, it's quite common for them to do so, especially if they purchase your debt for a fraction of the original amount and believe they can make a significant profit if they can collect on it. Here's a breakdown of how it works:


    1. Debt is sold to a debt buyer: When you fall behind on payments for a credit card, medical bill, or other debt, the original creditor (e.g., bank, hospital) may eventually sell your debt to a debt buying company for pennies on the dollar. These companies specialize in collecting overdue debts and often turn to lawsuits as a way to recoup their investment.


    2. Debt buyer acquires the original creditor’s rights: Once the debt is purchased, the debt buyer assumes the rights of the original creditor. This means they have the legal authority to collect the debt from you, just as the original creditor did.


    3. Debt buyer attempts to collect: Before resorting to a lawsuit, the debt buyer will typically try to collect the debt directly from you through phone calls, letters, and emails. They may also offer you a settlement deal to resolve the debt for a lesser amount.


    4. Lawsuit as a last resort: If the debt buyer's attempts to collect directly are unsuccessful, they may decide to file a lawsuit against you in court. In Texas it is common to see lawsuits even on small debts under $1,000 because if they win, you can be ordered to pay their court costs and attorney fees.


    5. Court process: If you are sued by a debt buyer, you will need to respond to the lawsuit within a specific timeframe. It's crucial to take action because ignoring the lawsuit can lead to a default judgment against you, granting the debt buyer the right to collect the full amount owed, plus interest and court costs.


    Remember, being sued by a debt buyer can be stressful, but you have options. By understanding your rights and taking appropriate action, you can protect yourself from potential harm and resolve the situation.


    Here's what you need to remember about debt buyers suing you:


    • Debt buyers purchase delinquent debts from creditors for pennies on the dollar. They then attempt to collect the full amount from you, plus interest and fees.
    • Debt buyers have the same legal right to sue you as the original creditor. This means they can file a lawsuit in court and seek a judgment against you.
    • If you are sued by a debt buyer, it is important to take action. You should not ignore the lawsuit, as this could lead to a default judgment against you. A default judgment means that the court will rule in favor of the debt buyer without even hearing your side of the case.
  • Can a lawyer save me money if I'm sued for a debt?

    Whether a lawyer can save you money if you're sued for a debt depends on several factors, including the specifics of your situation and the skills of the lawyer you choose. Here's a breakdown of both potential benefits and downsides:


    Potential benefits of hiring a lawyer:


    • Lawyers with experience in debt collection cases can often negotiate significantly lower repayment amounts than you could achieve on your own. This can save you a substantial amount of money in the long run.
    • A lawyer can help ensure your rights are protected and help you reach a resolution to prevent the creditor from seizing your assets, such as your property or bank accounts.
    • Avoid making mistakes: Navigating the legal system can be complex. A lawyer can help you avoid making mistakes that could cost you money, such as missing deadlines or filing the wrong paperwork.
    • Dealing with a lawsuit can be stressful and confusing. The right lawyer can handle the legal process for you, freeing you to focus on other aspects of your life.

    Potential downsides of hiring a lawyer:


    • Lawyer fees might outweigh the potential savings in some cases, especially for smaller debts. You will know by getting their fee before you hire them.
    • While a lawyer can improve your chances of a favorable outcome, they cannot guarantee a specific result.
    • If you hire the wrong lawyer, it can lead to a more adversarial relationship with the creditor, making it harder to reach a friendly settlement.

    Ultimately, whether hiring a lawyer is the right decision for you depends on:


    • Can you afford the lawyer's fees? Ask before you hire. Some lawyers have very reasonable fees.
    • Can the lawyer save you money even considering their fee.
    • Can you afford to pay a negotiated settlement.
    • Can you afford to pay a higher fee to defend the lawsuit.
    • If the case involves complicated legal issues or defenses, a lawyer's expertise can be invaluable. A lawyer willing to defend you in a case understands how complex even the most seemingly simple debt case can be.
    • Your comfort level with the legal system: If you're not comfortable navigating the legal system on your own, a lawyer can provide valuable guidance and support.

    Consider these additional tips:


    • Read reviews from former clients.
    • Get quotes from more than one lawyer before making a decision.
    • Ask about their experience: Choose a lawyer with experience in debt cases.
    • Be upfront about your budget: Make sure the lawyer understands your financial limitations.

    It's important to weigh the potential benefits and downsides carefully before deciding whether to hire a lawyer. Taking the time to consider your options and find a qualified lawyer can help you make the best decision for your situation.


    It's always recommended to consult with a lawyer to discuss your specific situation. They can assess your case, explain your options, and help you decide whether hiring them is the right move for you.


    Remember, seeking professional legal advice is crucial for making informed decisions and protecting your rights when facing a debt lawsuit.


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