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Debt Lawsuit Defense Lawyer In El Paso, TX
You started to worry as soon as your debt became insurmountable, and now that fear has reached a fever pitch. A creditor has filed papers to sue you, and you aren’t sure what to expect. You have rights during the legal process, and you need an advocate in your corner. A debt lawsuit defense lawyer in El Paso, TX, will protect your rights and fight back against your creditor. Even if you think you owe them money, an attorney can help you.
Strategies for a Debt Defense Lawsuit in El Paso, TX
A debt lawsuit defense lawyer in El Paso, TX, will devise a legal strategy based on the facts of the case. After reviewing all of the evidence, the attorney will craft the plan and prepare for court. Possible strategies include:
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How The Statute Of Limitations Impacts Debt Lawsuits In El Paso, TX
It is illegal for debt collectors to sue you over a time-barred debt. That means a debt that has exceeded the statute of limitations. Third-party companies that buy consumer debt are also supposed to notify their customers if the statute of limitations has passed. Unfortunately, some creditors try to sue people who have time-barred debts. An El Paso, TX, debt lawsuit defense lawyer will see if you have a claim for dismissal based on the statute of limitations.
Don’t Ignore A Debt Lawsuit In El Paso, TX
If you have received notice of a lawsuit after paying the debt in full, you might think you can ignore it. You’ve already paid, so you don’t think you need to worry. However, unless you show proof of payment, the court might enter a default judgment against you, forcing you to pay the debt twice. Bring your evidence to a debt lawsuit defense lawyer in El Paso, TX, so you can avoid a judgment.
What Can Happen During A Debt Lawsuit In El Paso, TX?
After reviewing your case, your El Paso, TX, debt defense lawyer will determine if it can be dismissed. If your attorney cannot get a dismissal, he or she might attempt to negotiate out of court. Cases that go to court can have one of two outcomes. If you win the case, you will not have to pay the debt. However, if you lose the case, the court will issue a judgment to allow the creditor to collect the funds.
Contact Our Debt Lawsuit Defense Lawyer In El Paso, TX
Hiring an El Paso, TX, debt lawsuit defense lawyer improves your chances of a successful outcome, so your creditor hopes you arrive in court alone. Don’t play into the creditor’s hands. Schedule your free consultation with the Ciment Law Firm by calling 833-637-1075.
Why Choose The Ciment
Law Firm, PLLC?
- Free ConsultationFind out which debt resolution option is best for you during a free consultation.
- Positively ReviewedOur firm has numerous positive reviews on Google, Avvo, and other websites.
- Options for All NeedsFrom bankruptcy protection to judgment lien releases and student loan assistance, our firm provides ample options to resolve your debts.
- Experience on Both Sides of the FieldDaniel Ciment started his career at a debt collection law firm and now protects those in debt. His experience on both sides allows him to find solutions for his clients.
- Compassionate and TransparentPatient and knowledgeable, the team is available to answer all questions and explain the process so that clients can reach their desired outcome.
- Six Office LocationsSchedule your appointment at an office in Katy,
Statute Of Limitations For Debt Collection Lawsuits
Many people are surprised to learn that there is a statute of limitations for debt lawsuits. The statute of limitations in Texas is four years from the date of default. Unlike many other states, you will not reset the statute of limitations if you make a payment on the debt after the default date. Also, the collection agency must notify you when the statute of limitations has expired. Even though you can’t be legally sued after the statute of limitations has expired, some debt collections will still attempt to get a judgment in court. By using the statute of limitations defense, you can get the case dismissed.
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Getting Sued For A Debt After It Has Been Paid
Sometimes, people end up in court for a debt collection lawsuit after paying the debt. This generally happens when the creditor sold off the debt to a third-party collection agency. People pay the original creditor, not realizing the debt has been sold. The collection agency does not realize the debt has been paid, so it brings a lawsuit against the debtor. Providing proof of payment is a valid debt collection lawsuit defense. If payment has been made, the debt collection agency does not have legal recourse to collect additional money.
Debt Defense Lawsuit Outcomes
Debt defense lawsuits in Texas have four possible outcomes. Sometimes, lawsuits are dismissed before the case goes to court. For example, if the statute of limitations has passed, the legal team can get the case thrown out. Second, the debt lawsuit defense lawyer might negotiate a settlement for less than the amount owed. Third, the plaintiff might prove the debt and get a judgment for the full amount. Fourth, the defense attorney might invalidate the debt, so the judge rules in your favor. Hiring a debt defense lawyer is a vital step in reaching the desired outcome.
Don’t Ignore A Debt Collection Lawsuit
Ignoring a debt collection lawsuit is not wise. If the defendant doesn’t respond or appear in court, the judge can issue a default judgment in favor of the plaintiff. The court will also determine how the plaintiff can collect the funds. The court might allow the plaintiff to put a lean against the defendant’s homestead, garnish bank accounts, or seize non-exempt property. The judgment can also be reported to the three credit bureaus, hurting the consumer’s credit.
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