Debt Defense Attorneys to the Rescue
The pressure of being in debt is already stressful enough. When creditors attempt to use legal action to collect your past due balances, it can raise that stress to a whole new level. If someone is threatening to take you to court for your outstanding debt, you need to consult a debt collection defense attorney who can help protect your assets and keep creditors off your back. Bryeans & Garcia is here to help.
You Need a Credit Card Lawsuit Defense
Banks and credit card companies can be ruthless in pursuit of what you owe them. It starts with letters and escalates to calls at your home and, sometimes, even at your place of employment. If the problem is allowed to fester, creditors can go so far as to:
- Mar your official credit score. This type of documentation is called a “public record,” and could remain on your credit score for upwards of 10 years, especially if your debt is pre-existing and at risk of being renewed. A judgment on your credit report can prevent you from being able to borrow money, or cause you to pay higher interest rates.
- Garnish your finances. Texas state law doesn’t allow creditors to pull money from your wages, but out-of-state courts mistakenly order it from time to time. What creditors can do is garnish your bank account directly, including your deposited paycheck. This typically happens months after the judgment is declared.
- Seize your property. Texas protects certain property from being seized by judgment creditors, but not all of it. If your property is considered “nonexempt,” creditors may induce a mandatory sale in order to collect on what you owe. This may occur through a visit from the local sheriff or constable as an authorized search.
- Outfit your homestead with a cloud title. While creditors can’t seize and sell your home, they can prohibit you from selling it voluntarily. With property values rising, a cloud can make life uncomfortable, as the only way to clear this sort of penalty is through a release of debt.
- Post-judgment interest and attorney fees. A creditor may only be suing you for what you owe at the time a suit is filed, but should they win, you can count on additional costs coming your way. The creditor will often be awarded attorney fees, which can turn $5,000 of debt into $7,000. After a judgment is awarded, interest also begins to accrue. After 5 years at a 7% interest rate, you can be looking at a debt of almost $9,500.
We’ve worked for years to shield our clients from the heavy-handed tactics employed by creditors and collection agencies, while also working with the person we represent to help them pay back or discharge the debts they’ve accumulated. And when banks have elected to take matters into the court system, our experts in credit card lawsuit defense have battled to help clients protect their assets and negotiate fair terms on their debt.
Don’t Fight the Banks Alone
If you are served with a lawsuit, do not talk to the creditor or its attorneys. Call us immediately and set up a free consultation to go over your options. Financial legislative matters can be complicated, which means it’s not wise to try and handle this kind of lawsuit on your own. Your creditors will send lawyers into the courtroom to try and extract what you have in your bank account, or what you’ll get in your paycheck, which is why you should put your situation in the hands of an experienced debt defense attorney who understands the process. We’ve been fighting for our clients for over ten years, and we’ll make sure that you’re represented fairly and given the best chance at solving your debt concerns.