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Debt Collection Defense

Houston debt collections defense attorneys have a very important job, as they are often the only barrier between you and the moneylenders. Although, at the end of the day, there is very little adverse action that a moneylender or debt-buyer can take against you in Texas, a debt collection lawsuit is nothing to ignore.

While there is a distinction between a hard-luck story and a debt collector lawsuit defense in Texas, many times a legal defense is available to you. Even if your Houston debt collections defense attorney is unable to “defeat” the lawsuit against you, your attorney can use the defense as leverage to reduce the amount you have to repay. Especially in cases where the plaintiff is a debt-buyer, a defendant may be able to settle his or her debt for pennies on the dollar. Some common defenses include:

  • Defect of parties — Generally speaking, debt collection lawsuits are initiated by large firms that file thousands of cases in many different jurisdictions. As such, the court papers often name the wrong party or have the party’s capacity incorrectly listed. While usually not a fatal defect, the plaintiff would much rather settle the case quickly than go back and redo paperwork.
  • Statute of Limitations — In Texas, the statute of limitations for debt collection actions is four years. The moneylender or debt-buyer can still take action against you, but that action cannot include a lawsuit.
  • Payment — Debt-collection lawsuits, much like mortgage foreclosures, do not always have the proper support. If you believe you paid all or part of a debt, and you have bank records or other records to support your claim, the plaintiff may not be able to readily refute your defense.

If you have been sued over an old debt, whether or not you think the lawsuit is meritorious, contact The Law Office of David A. Fernandez, P.C. to schedule your confidential consultation.

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