Texas Credit Card Debt Lawsuit Defense Attorney
Are You Being Sued by a Credit Card Company or Debt Collector?
Then you need to contact Attorney Shawn Jaffer for a FREE Consultation about your options. Shawn Jaffer is a Texas Credit Card and Texas Debt Lawsuit Defense Attorney.
Don’t Ignore the Debt Lawsuit!
In most circumstances, Texas Courts give you just 10 Days to file an Answer to the lawsuit. If you do not Answer then the Credit Card Company or Debt Collector will get a default judgment against you. Which means they automatically win.
What Happens If the Creditor Gets a Default Judgment
In Texas, when a Creditor gets a Default Judgment against an individual the Creditor can legally do the following:
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?
I charge a flat fee for your lawsuit defense based on the amount of the lawsuit.
Amount of the Lawsuit Debt: Flat Legal Fee:
Less than $5,000 $999
More than $25,000.01 $3,499
This includes all legal representation from start to trial but does not include an appeal or arbitration.
How can an Attorney Help?
A Texas Credit Card or Debt Lawsuit Defense Attorney 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 the Lawsuit all the way to Trial.
- (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 some good cause.
Alternatively, you could file a Restricted Appeal within 6 months of the Default Judgment.
If it has been more than 6 months but less than 4 years, your Attorney can bring a Bill of Review action. But you can usually only bring this action is you were never served with the lawsuit.
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 or 13 Bankruptcy to discharge the entire debt and have the bank account unfrozen.