Consumer/Credit Card Debt Defense:

• Comal County | Guadalupe County | Bexar County | Kendall County

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Have you been sued for a consumer or credit card debt? If so, contact us now for help!

Are you facing a debt collections lawsuit? Are you worried about losing your home or assets? Debtors have rights under federal and state law that protect your privacy, homestead, and other exempt property. If you have been sued on a consumer debt account, such as a credit card, contact our firm to help you negotiate a settlement. Debt collectors often attempt to bully or intimidate debtors, hoping they do not know their rights. Competent legal defenders can quash these tactics immediately.

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Here are some answers to frequently asked questions:

"I've been served with a collections lawsuit, what should I do?"

Contact our firm office immediately. If you do not file a timely answer the court will award a "default" judgment to the creditor and you lose your chance to defend yourself.  In addition the original debt amount the court may add thousands in attorney's fees and costs.

"If I owe the money why should I fight the case?"

There are many ways to fight a debt case. I will be happy to discuss your options with you.  One of the main ways to fight a case is to check the validity of the contract or agreement, verify charges or claims, and negotiate a reduction in debt owed.

"How much does this cost?"

The consultation is free. The fee for representation depends on the total amount owed.

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You have rights under the Texas Fair Debt Collection Act!

Texas and Federal law both forbid unfair debt collection practices. Debt collectors often ignore your rights and willfully violate these laws. Phone harassment is the most common, but certainly not the only way creditors bully debtors.

The Texas Fair Debt Collection Act forbids practices such as:

Harassment

Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, debt collectors may not:

• use threats of violence or harm
• publish a list of consumers who refuse to pay their debts (except to a credit bureau)
• use obscene or profane language
• repeatedly use the telephone to annoy someone

False statements

Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not:

• falsely imply that they are attorneys or government representatives
• falsely imply that you have committed a crime
• falsely represent that they operate or work for a credit bureau
• misrepresent the amount of your debt
• indicate that papers being sent to you are legal forms when they are not
• indicate that papers being sent to you are not legal forms when they are

Debt collectors also may not state that:

• you will be arrested if you do not pay your debt
• they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so
• actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action

Further, debt collectors may not:

• give false credit information about you to anyone, including a credit bureau
• send you anything that looks like an official document from a court or government agency when it is not
• use a false name

Unfair practices

Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:

• collect any amount greater than your debt, unless your state law permits such a charge
• deposit a post-dated check prematurely
• use deception to make you accept collect calls or pay for telegrams
• take or threaten to take your property unless this can be done legally
• contact you by postcard