When it comes to abusive collections practices, every individual is entitled to legal protection under the Fair Debt Collection Act and the collection laws in Texas. If you’ve been harassed or treated inappropriately by an aggressive debt collector, then you are well within your rights to take legal action in an effort to prevent further problems. However, collectors are also within their rights to take legal action against you if you have outstanding debts.
Should a collection agency or creditor file a collection lawsuit against you, here are the first three steps you’ll need to take to ensure you receive fair treatment during the legal process.
Step 1: Make Sure You Have Responded to the Lawsuit
Regardless of how unfair you think the lawsuit might be, if you receive a “summons and complaint” notice in the mail, it’s essential that you respond to it. A collection lawsuit answer should indicate that you deny your liability to the lawsuit and that you responded within the appropriate amount of time. Without a response, your outstanding balance may grow and your chances of fair treatment decrease.
Step 2: Challenge the Lawsuit
Right from the get-go, you need to be clear that you are challenging the lawsuit if you believe it is invalid. If you know that the creditor does not have proof of their allegations, ask the court to dismiss the case based on a lack of fair evidence. More often than not, creditors don’t have the appropriate amount of documentation required by collection laws to support their claims, so it’s possible your case might be dropped before things even get heated.
Step 3: Hire Collection Lawsuit Defense
Even if you do owe the creditors money, as long as you feel you are being unfairly treated, it’s worth looking into hiring a collection lawyer. You need someone in court who will stand up for you and who knows the tricks creditors try to sneak past judges. By hiring a reputable attorney, you’ll be more likely to receive fair treatment throughout the legal process.
In McKinney, attorney Joe Lucé and his team members are standing by to help consumers when disputes escalate into collections lawsuits in Texas. Their top priority is to protect their clients against unfair allegations and resolve the case fairly.
If you’re facing a lawsuit, don’t hesitate to speak with collection lawsuit attorney Joe Lucé. He will give you the defense and assistance you deserve. Call (972) 632-1300 today to begin your legal consultation.