Have you been sued by a credit card attorney, credit card company or debt collector? Texas credit card lawsuits can be defended.
As a credit card lawsuit and debt lawsuit defense law firm, our firm represents Texas consumers being sued by debt collectors. The civil court system has been flooded with two types of debt collection lawsuits:
1. Lawsuits filed by original creditors; particularly credit card companies and other consumer lenders; and
2. Lawsuits filed by debt buyers, who claim to have purchased a debt from the first category, the original creditors, or in some instances from other debt buyers.
If you have been sued for a credit card debt you need to keep several things in mind. First, you are not alone. You are one of thousands upon thousands who have found themselves in this unfortunate position.
Second, once the debt collector filed the lawsuit, the debt collector ceased being merely a debt collector and became a Plaintiff in a court proceeding. This means that the collector is no longer allowed the free reign that they so often enjoy. They are now required to prove their case by a preponderance of the credible evidence, and they must do so within the confines of the Texas Rules of Civil Procedure, the Texas Rules of Evidence, and whatever local rules may apply to the court presiding over your case.
In other words, merely claiming that you owe the debt collector a debt is not good enough – now they have to prove it, and their proof must meet the standards imposed by the rules.
What does this mean to you? It means that you should not think that just because somebody has sued you over an alleged credit card debt or other consumer debt that you will automatically lose or that you do not have a defense. Once the lawsuit is filed, it is not your burden to prove that you do not owe the money to the Plaintiff. The Plaintiff has the burden of proof in a lawsuit, and if a competent Texas debt defense lawyer handles your case, putting a Plaintiff to its burden can be as good a defense as any.
Texas Credit Card Lawsuits
Our firm defends both original creditor and debt buyer lawsuits. Most of the Texas collection lawsuits that we see are credit card lawsuits, meaning what started off as a convenient and seemingly harmless credit card account wound up turning into a credit card lawsuit. These days, it seems like just about everybody has credit card debt. Many consumers have unexpectedly accumulated more debt than they can handle. Credit card companies like to rely on the fine print to unfairly maximize their financial receivables and increase revenue. They may unexpectedly and without explanation lower the credit limit of a consumer in good standing, thus unilaterally and unfairly pushing the consumer over the consumer’s credit limit. The credit card company will often then increase the consumer’s interest rate to an astronomical amount, and may assess ridiculous penalties for exceeding the credit limit all rights the credit card company claims to have due to the fine print that the consumer probably never saw. The result is that many consumers in good standing with their credit card issuers are now facing a debt that is quickly snowballing into an unmanageable amount. Faced with a daunting financial scenario that is spinning out of control, many consumers simply give up and walk away from the debt. Sound familiar?
The ultimate result of the scenario described above (and many not described – everybody’s case is different) may be a credit card lawsuit, meaning the consumer gets sued for the outstanding credit card debt. Texas civil courts are literally bursting at the seams due to credit card lawsuits. Take a stroll through a Texas courthouse on a Monday morning and you may see hundreds of credit card lawsuits listed on the trial docket. Local Texas credit card attorneys, known as appearance counsel, may also be lurking in the courthouse halls waiting to prove up default judgments against unrepresented consumers who failed to properly answer the lawsuit. These credit card attorneys perform various other tasks and sometimes appear at credit card lawsuit hearings and trials. These local credit card attorneys are usually paid a flat rate to handle hearings and trials and typically appear on behalf of debt collection law firms that file a large volume of credit card lawsuits.
Defending against a Texas credit attorney, credit card lawsuit or debt collection lawsuit may seem like an impossible task. Without a competent Texas debt defense attorney at your side, it is likely to be very difficult. Do not allow a credit card attorney to take advantage of you the same way the credit card company did. If you are on the receiving end of a Texas credit card lawsuit, we would be happy to visit with you about your case.
We do not charge a consultation fee and our contact information is noted on this website. Review our results.