Credit Card Lawsuits Banks are receiving billions of dollars in Federal tax in a bail outs, however, they will not hesitate to file a lawsuit against its cardholders. Nor is it unheard of for a bank to sell an account that may or may not be yours to a debt buyer or collection agency, while maintaining collection efforts against you. You do have rights by the means of strong consumer protection laws in your favor and creditors often times regularly and routinely disregard these laws. Just because you were sued does not automatically mean a judgment will be entered against you. At the Law Office of Jeffrey R. McCombs, P.C., we are highly experienced in handling these credit card lawsuits. Jeffrey McCombs has handled thousands of collection cases representing creditors and debtor for over a decade. Our success rate in these debt collection cases is second-to-none. Arbitration Many times a company will attempt to force you to go to arbitration. Some commentators think this is a one sided attempt to keep you from having your day in court. Typically an "arbitration forum" will side with the creditor even though the creditor cannot prove its case. It has been suggested that some "arbitration forums" simply rubber stamp the creditors request. In our experience, the arbitrator will typically ignore its own rules in favor of the creditor. The creditor then attempts to collect on the arbitration. We have successfully defended arbitrations and suits to confirm arbitration. Creditor Harassment When a creditor does violate either the Federal or Texas consumer protection laws, you may be able to bring a counter-suit or a stand alone lawsuit against the creditor. Please contact us if a creditor has done any of the following: harassed you; lied to you about the debt; tried to collect a debt you do not owe; pretended to be someone other than who they are; contacted relatives, neighbors, friends or co-workers about the debt; called you at work after you told them you could not take calls at work; did not properly respond to a dispute or request for verification; threatened a such as wage garnishment or seizing exempt property; failed to obtain a bond as required by Texas law; added fees or interest not authorized by the law or your agreement; sued you even though the statute of limitations on your debt has expired; misrepresented your debt on your credit report; threatened you with jail or criminal prosecution; or any other illegal actions. Who is this company that is suing me? Many times you will never have heard of the company that is suing you. Frequently, but not always, a creditor will sell a debt that it has charged off to a debt buyer for pennies on the dollar. The debt buyer will then bring the lawsuit against you. But I heard a debt guru on the radio say to just ignore a lawsuit if I do not owe the debt. Unfortunately, there is a lot of bad advice regarding debt collection. The worst thing you can do is ignore a lawsuit. If you do nothing you will lose by default. Losing by default is similar to forfeiting a football game, but the other team gets to make the final score. The time to bring up a defense is when the lawsuit is pending. I have a judgment against me, can they do anything? While most people have heard that wages cannot be garnished in Texas with few exceptions, other garnishments exist. Your bank accounts can be garnished. Additionally, a judgment holder can execute on your non-exempt property. Texas also allows for "turn-over" orders and receiverships. Do I need an attorney to represent me? You can represent yourself, but do you want to win? Pleadings, discovery, motions, and other typical documents are tools that most attorneys are familiar with and know how to use. But none of the tools come with a blueprint on how to build your case. An experienced attorney will know how to design the correct strategy for defending your case. More importantly, and experienced attorney will know how to make the proper adjustments when needed. |
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| The Law Office of Jeffrey R. McCombs, P.C. 3603 W. Pioneer Parkway, Suite B,Arlington, Texas 76013 817-860-2500 |
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