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Debt Lawsuit Defense Lawyer In Houston, TX
You’ve been worried and stressed ever since you were served with a notice of a lawsuit. You knew you were behind on your bills, but you never expected it to come to this. Now, you have a court date on the horizon, and you aren’t sure where to turn. The creditor wants you to miss your court date or come alone, so you can’t mount a sound legal defense. Instead of doing what the creditor wants, hire a debt lawsuit defense lawyer in Houston, TX. With the help of a lawyer, you can work toward a positive outcome.
Potential Strategies for a Debt Lawsuit Defense in Houston, TX
Your Houston debt lawsuit defense lawyer will evaluate all the evidence related to your lawsuit. This includes the evidence obtained during discovery. After a full evaluation, your attorney will choose a defense strategy. Some common strategies include:
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What Happens If The Statute Of Limitations Has Expired?
Under Texas law, you cannot be sued for a time-barred debt. That means a creditor cannot sue you once the four-year statute of limitations passes. Unlike many other states, the statute of limitations does not restart if you make a payment, but some creditors still try to collect. If you’re being sued, a debt lawsuit defense lawyer in Houston, TX, needs to evaluate the paperwork to see if the statute of limitations has passed.
Getting Sued After Paying The Debt
It’s frustrating to be served with paperwork for a debt that you’ve already paid, but it does happen occasionally. While some debt collectors are committing fraud, this is usually an accident. The debt collector might have made a mistake when crediting your payment, or the payment might have gone to the original creditor instead of the third-party debt collector. Your Houston, TX, debt lawsuit defense lawyer will ensure that the court receives evidence of your payment, so the case can be dismissed.
Understanding The Outcomes Of A Debt Lawsuit In Houston, TX
Your debt defense lawyer in Houston, TX, will explain each possible outcome in detail if you are sued. In general, four primary outcomes can occur. The case might be dismissed or settled out of court. If it goes to court, the judge will rule for you or the creditor. If the judge rules for the creditor, the court will issue a judgment, such as a bank garnishment, to allow the creditor to collect the funds.
Contact Our Debt Lawsuit Defense Lawyer In Houston, TX
Contact a Houston, TX, debt lawsuit defense lawyer from the Ciment Law Firm for help with your case. Hiring a lawyer is a critical step in ensuring your rights are protected during the legal proceedings. Schedule your free consultation by calling the Ciment Law Firm at 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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