Can Debt Collectors Sue You in Texas
Yes, debt collectors can sue you in Texas under certain conditions. As a consumer attorneys who practice debt collection lawsuit defense, we have extensive experience in this area and can defend you in these type of cases for flat legal fee.
Debt Collection Lawsuits in Texas
Debt collectors in Texas have the right to file a lawsuit against a debtor to collect money owed to them. The types of debts that can be the subject of a debt collection lawsuit in Texas include credit card debt, medical bills, personal loans, and other types of unsecured debt. Secured debt, such as a mortgage or auto loan, is generally not subject to debt collection lawsuits unless the creditor forecloses on the property or repossesses the vehicle and there is still an outstanding balance owed.
Statute of Limitations for Debt Collection Lawsuits in Texas
In Texas, debt collection lawsuits must be filed within a certain time period known as the statute of limitations. The statute of limitations varies depending on the type of debt and can range from two to six years. For example, the statute of limitations for credit card debt is four years from the date of the last payment or the date the debt was charged off, whichever is later. Once the statute of limitations has expired, the creditor is no longer legally able to sue the debtor for the debt.
Defenses to Debt Collection Lawsuits in Texas
If a debtor is sued by a creditor, there are several defenses that may be available to them. These defenses include:
- Statute of limitations defense: If the statute of limitations has expired, the debtor can argue that the creditor is no longer legally entitled to collect the debt.
- Lack of standing defense: If the creditor is unable to prove that they own the debt, the debtor can argue that the creditor does not have standing to sue.
- Identity theft defense: If the debt is a result of identity theft, the debtor can argue that they are not responsible for the debt.
- Fraudulent or deceptive practices defense: If the creditor engaged in fraudulent or deceptive practices in attempting to collect the debt, the debtor can argue that the debt is not valid.
- Lack of documentation defense: If the creditor is unable to provide sufficient documentation to prove the debt, the debtor can argue that the debt is not valid.
How a Debt Defense Attorney Can Help
If you are facing a debt collection lawsuit in Texas, it is important to seek the advice of an experienced consumer attorney who practices debt collection lawsuit defense. A debt defense attorney can help you understand your legal rights and options, and work with you to develop a strategy to protect your interests and defend against the lawsuit. Some of the ways a debt defense attorney can help include:
- Evaluating the debt: An attorney can help you evaluate the debt and determine if it is valid and if there are any defenses available.
- Negotiating a settlement: An attorney can negotiate with the creditor to reach a settlement that is favorable to you and that you can afford.
- Representing you in court: If the case goes to court, an attorney can represent you and defend against the lawsuit.
- Protecting your rights: An attorney can help you understand your legal rights and work to ensure that the creditor does not violate those rights in attempting to collect the debt.
- Filing counterclaims: If the creditor has violated your rights under the FDCPA or other consumer protection laws, an attorney can file counterclaims on your behalf seeking damages and attorney’s fees.
In conclusion, debt collectors in Texas have the right to sue debtors to collect money owed to them, but debtors have legal protections and defenses available to them. If you are facing a debt collection lawsuit, it is important to seek the advice of an experienced debt defense attorney who can help
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 Debt in the Lawsuit:||Flat Legal Fee:|
|Less than $1,000||$499|
|Over $20,000||Call for Pricing|
Flexible Payment Plans Available