Debt Collection Lawsuits
Times are very tough right now. I am seeing many more lawsuits filed against my clients, past clients and friends because they are not able to pay their credit card bills.
In Texas, many of the credit card companies, or the businesses they sold their debt to, file these suits in Justice of the Peace Courts (JP) if the amount is under $10,000.00. The problem for the consumer is these JP Courts have VERY short time frames in which to file an Answer. Also, in other types of suits and Courts a “General Denial” is all that is required. A General Denial is anything in writing to the effect that “I deny everything they say and they have to prove it.”
If you file a General Denial in a Debt Collection suit and in the JP Court you automatically LOSE! You have to file a special or “Verified Denial” that goes through their suit and denies many specific items and then is sworn to by you. Then and only then can you make them prove their case.
Also, many Companies buy the debt from the Credit Car Companies and don’t have the documentation to properly prove their case. Usually when we file an Answer and push them, they back down and either dismiss the case or substantially reduce what they claim is owed.
If you are sued by a Credit Card Company, or one of the Companies that buys Credit Card Debt, DO NOT DELAY! You need to contact me immediately. We have had tremendous success in either having these suits dismissed completely or substantially reducing what they claim my clients owe. The majority of the cases we have handled have been dismissed almost immediately once we file an answer, as these Companies know they cannot prove their case. They want to move on to the easy suits where the person did not hire a Lawyer!