Receiving a debt collection lawsuit can be overwhelming. You may feel powerless, unsure of your rights, and pressured to act quickly. Ignoring a lawsuit can lead to severe consequences, including bank account levies and liens on your property.
If you’ve been sued for a debt, taking the right steps immediately can help protect your rights and prevent the worst outcomes. As a debt collection relief attorney in Texas, we help individuals fight back against aggressive creditors and stop debt collection harassment.
In this guide, we’ll cover what to do when you receive a lawsuit, potential defenses, and how legal representation can help.
Steps to Take When You Receive a Debt Collection Lawsuit
If a creditor or collection agency sues you, acting quickly is essential. Here’s what you should do:
1. Read the Lawsuit Carefully
- Check the details of the claim, including the amount owed and the creditor’s name.
- Confirm that the debt belongs to you and that the amount is accurate.
2. Respond to the Lawsuit
- Failing to respond leads to a default judgment, which means the creditor automatically wins the case.
- File a written response (called an “Answer”) within the deadline stated in the summons.
3. Check for Violations of Debt Collection Laws
- Debt collectors must follow the Fair Debt Collection Practices Act (FDCPA). If they used deceptive or aggressive tactics, it could be a defense.
- Texas laws also provide protection against unfair collection practices.
4. Gather Evidence
- Review account statements, payment records, and any communication with the creditor.
- If the debt has been sold to a third party, request proof that they have the legal right to collect it.
5. Consider Negotiation or Settlement
- In some cases, creditors may be willing to settle for a lower amount.
- A debt collection reliefattorney can negotiate on your behalf for better terms.
Potential Defenses Against a Debt Collection Lawsuit
Even if you owe the debt, you may have legal defenses that can help you stop debt collectors from winning in court. Common defenses include:
- Statute of Limitations– In Texas, creditors have a limited time to sue for debt. If the lawsuit is filed after the deadline, it may be dismissed.
- Incorrect or Inflated Debt Amount– Errors in interest charges, late fees, or payments not properly credited can lead to an invalid claim.
- Lack of Proper Documentation– Creditors must prove that they own the debt and that you are responsible for paying it.
- Fraud or Identity Theft– If the debt is not yours due to fraud, you have the right to dispute it.
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How a Debt Collection Relief Attorney in Texas Can Help
Facing a lawsuit alone can be intimidating, but legal representation can make all the difference. A qualified attorney can:
- Identify legal violations and build a strong defense.
- File necessary paperwork correctly and on time.
- Negotiate with creditors to reduce or dismiss the debt.
- Represent you in court to fight for the best possible outcome.
Don’t Let Debt Collectors Win—Take Action Today
Have you been sued for a debt collection lawsuit in Corpus Christi? Ignoring it won’t make it go away. The Law Office of Joel Gonzalez has helped countless individuals stop debt collection harassment and regain financial control.
We understand how stressful debt collection lawsuits can be, and we are here to help you fight back. Contact us at (361) 654-DEBT today to discuss your options and protect your rights.