Austin Debt Attorney

We Defend Debt Collection Lawsuits

We are Austin Texas Debt Lawsuit Defense Attorneys and we charge a flat legal fee to defend you from lawsuits filed by debt collectors and creditors.

Free Consultation

Just give us a call at (512) 503-2010 for a FREE Consultation and learn your legal options for defending the collection lawsuit filed against you. Jaffer Law are your Austin Debt Attorneys.

Don’t Ignore the Debt Lawsuit!

In Austin, Texas Justice of the Peace Courts you have only 14 days to file an answer to your lawsuit. Not filing an answer within the 14 days leads to a default judgment and an automatic win for the debt collector or creditor.

In Austin, Texas County and District Courts you usually have about 21 days to file an answer to the debt collection lawsuit. Not filing an answer within the 21 days leads to a default judgment and an automatic win for the debt collector or creditor.

How to Defend a Debt Lawsuit in Texas

We handle the entire process below for a Flat Fee.

First, you must file an answer before the deadline. The answer must deny all allegations in the “Original Petition” which the official name of the lawsuit.

Second, you start negotiations with the opposing attorney and make settlement offers and negotiate a payment plan.

Third, you request documents in the control of the debt collector or creditor through their attorney.

Fourth, you review all documents and find any legal or procedural defects in the creditor or debt collectors lawsuit against you.

Fifth, you file motions with the court to try to dismiss the lawsuit if it is defective or you negotiate a settlement with a balance reduction and payment plan. If not, then you must prepare for trial before the court.

What Happens If the Creditor Gets a Default Judgment

In Austin, Texas, when a Creditor gets a Default Judgment against you then the Creditor can:

  1. Garnish your Bank & Savings Accounts.
  2. Seize your non-exempt property held by you or your spouse.
  3. Report it on your Credit Reports for many years.
  4. Force your to answer Post-Judgment Discovery. Which means you can be ordered by the Court to turn over your bank statements, tax returns, and list of assets to the Creditor. You can also be forced to answer written questions under oath or be forced to appear for a deposition.
Failing to comply to post-judgment discovery can land you in Jail for Contempt of Court.

How Much Does it Cost to Hire a Debt Lawsuit Defense Attorney?

We charge a flat fee for your lawsuit defense based on the amount of the lawsuit. You can either pay upfront in full or finance it with a payment plan as shown below.

Amount of the LawsuitOur Flat Legal Fee
Less than $1,000$400
Over $20,000Call for Pricing

Flexible Payment Plans Available

How can an Attorney Help?

We are Credit Card or Debt Lawsuit Defense Attorneys serving Austin, Texas. We will look at the lawsuit to see if the Creditor complied with the law in every respect, for instance:

  1. Did the Creditor sue you within the time period (“Statute of Limitations”) as required by the law?
  2. Are the Debt and Fees calculated correctly and legally?
  3. Is the Creditor asking for attorneys fees and costs when they are not allowed to?
  4. Answer any discovery the Creditor will serve on you.
  5. Are there any violations of the Fair Debt Collections Practices Act or Fair Credit Reporting Act, and if so your attorney can bring a counter-claim or a separate lawsuit in Federal Court and get you compensation.
  6. Handle all communications with the Creditor and Court on your behalf.
  7. Defend you in the Lawsuit.
  8. Negotiate and settle the lawsuit for significantly less than what is owed and possibly get you a credit report trade line deletion.

What if I Didn’t Answer and they Have a Default Judgment Against Me

First, if the Default Judgment is less than 30 days old your Attorney can file a Motion to Set Aside the Default Judgment or a Motion for a New Trial. But to qualify for this you must have missed Answering the lawsuit due to a mistake or accident not intentional indifference or because you simply decided not to do anything. There must be good cause for answering the lawsuit. Our attorneys can help evaluate your options.

Alternatively, you could file an Appeal within 21 days of the Default Judgment.

If it has been less than 4 years, your Attorney can bring a Bill of Review action. But you can usually only bring this action if there was a clerical error done by the Clerk of Court.

Also, your debt defense attorney can negotiate a settlement with the Creditor and set you up with a payment plan and in most cases negotiate the balance down significantly.

Lastly, if your Bank Accounts are frozen by a garnishment or you are simply too deep in debt you Attorney can advise you on your options for a Chapter 7 Bankruptcy to discharge the entire debt and have the bank account unfrozen.

Free Consultation
(512) 503-2010

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