What To Do If You Are Sued By A Debt Collector In Texas

If you fall behind on your payments where a particular debt is concerned, you may well find yourself being sued by debt collector professionals. If this is the case, either through an attorney or on your own, it’s important to respond. But when it comes to dealing with debt collectors, an important fact to remember is that you have rights.

Let’s look at some common questions frequently asked regarding the process of being sued by debt collector individuals or agencies. Remember that debt protection and/or bankruptcy protection is an option with which a qualified financial attorney can be of assistance.

Debt Collection Lawsuits – How Should You Respond?

It is important to respond to a lawsuit from a debt collector. Don’t ignore it – it’s not going away. Responses can include showing up to court, writing a response, and more. There will be a deadline designated by which time your response is required. Whether you agree with the debt or not, you must make sure to respond. It will be up to the collector to prove that you owe the debt.

If a debt collector sues you:

• Hire a financial attorney
• Answer the lawsuit by the date stated
• Review any and all records regarding information about the debt
• Check the lawsuit to make sure there are or aren’t any issues

If You Don’t Respond, What Happens?

Your case will go ahead with or without you, regardless of whether you refuse or accept lawsuit “service”, or “delivery.” Without hearing your side, the court will rule, even if you don’t show up. If that’s the case, you’ve just handed that debt collector a win by default.

If a debt collector sues you, they may be able to take your home, put a lien on your property, garnish your wages, and more. It all depends on the state you live in, the debt itself, and the court system. What’s more, you may be charged more money for things like attorney’s fees, interest, collection costs, etc.

Ignoring the problem is not the answer.

If You Feel the Law Has Been Broken by a Debt Collector, Where Do You Report Them?

Certain laws must be followed by debt collectors, even though it may feel like they go out of their way to make your life miserable in their attempt to collect a debt. The FDCPA (Fair Debt Collection Practices Act) governs the practices of debt collection. In order to collect a debt from a debtor, they may not participate in deceptive or unfair practices, use abusive language, threaten violence, etc. These laws are detailed on the Consumer Financial Protection Bureau site.

If you feel that a debt collector is in violation of any of the laws put forth by the FDCPA, you can contact the following:

• The Consumer Financial Protection Bureau
• Your state Attorney General’s office
• The FTC (FTC.gov)

Being Sued by a Debt Collector In Texas

One of the most important things to be aware of if you are being sued by a debt collector in Texas is that, if they threaten you with wage garnishment, that type of legal action will only be approved in certain instances. By the Texas Constitution, wage garnishment is prohibited but for unpaid taxes, student loans, spousal support, and child support. However, for the repayment of consumer debts, your wages can’t be garnished in Texas.

If you are absolutely at wit’s end as to what to do if debt collectors sue you, there’s no better place to turn than a debt attorney. An Austin, TX debt resolution lawyer who specializes in financial affairs, including bankruptcy and debt collections, will give you the best chance of coming out of your situation a winner. Here’s who to call…

Don’t Deal with the Collectors Alone – Contact The Debt Defenders by Ciment Law Firm, PLLC

No one appreciates the harassment frequently experienced due to debt collectors. Yet, they have a job to do and they usually do it well. You can fight the debt collectors in Texas, however, by hiring the experienced, knowledgeable professionals here at The Debt Defenders by Ciment Law Firm, PLLC. Don’t wait another minute to deal with your debt.

Contact us today at 866-493-1308 for an appointment. You can also fill out our convenient online form to begin communication.