Texas Debt Lawsuit Defense Attorney

Your Financial Shield: Protecting Your Rights in Debt Lawsuits

Navigating through a debt lawsuit can be stressful, overwhelming, and fraught with pitfalls for the uninformed. At the Law Office of Elena Vlady, we represent clients in debt defense cases in Texas, and we are dedicated to helping you regain your financial footing. Our debt defense attorneys are committed to safeguarding your rights against creditors. With years of legal experience and a deep understanding of Texas law, we strive to deliver outcomes that alleviate your immediate worries and set you on a path toward financial stability.

What We Offer

Legal Consultation

Before entering into any client relationship, we discuss your specific situation in detail to determine the most advantageous course of action for you.

Debt Lawsuit Defense

From filing an Answer to going to trial, we handle every aspect of your case. Our goal is to secure a “take nothing” judgment or reach a favorable settlement that significantly reduces your debt.

Negotiated Settlements

We regularly negotiate settlements at a substantial discount from the original debt amount, ranging typically from 40% to 80% of the principal balance. We prioritize realistic and achievable outcomes over unrealistic promises.

Fees

We charge Flat Fees for Defending Collection Lawsuits.

Debt Defense Options

Dismissal of Lawsuit

When a creditor elects to dismiss a lawsuit, the standard procedure involves filing a motion for nonsuit, typically dismissing the case “without prejudice.” While some debt defense attorneys may characterize this as “winning” or “defeating” the lawsuit, this characterization is not entirely accurate. The reason being, the creditor retains the right to re-file the lawsuit against you, provided it is within the applicable statute of limitations for debt-based claims. A definitive win in the courtroom would result in a “take nothing” judgment. Therefore, the only means to eliminate the debt conclusively is through securing a “take nothing” judgment at trial or by entering into a legally binding debt settlement agreement.

Settlement of Lawsuit

The decision to settle a lawsuit is contingent on multiple factors, including the Court’s disposition, the creditor’s position, and the nature of the evidence presented by the creditor. While we regularly negotiate settlements at a considerable discount of the total amount owed, it is important to manage expectations responsibly. Unlike some attorneys who may tout settlements for “pennies on the dollar,” we find such claims often to be far from reality. Settlements typically range from 40% to 80% of the original lawsuit’s principal balance at the time of filing, although some may settle for less. A settlement may very well be the most advantageous outcome for your particular circumstances, a discussion we are committed to having with you before formalizing any client relationship.

Texas Debt Statute of Limitations: The Four-Year Rule

In the state of Texas, a statute of limitations applies to the collection of debts. Specifically, creditors have a defined window during which they are legally permitted to pursue debt collection actions. For the majority of debts, this time frame is capped at four years. Should a creditor persist in attempting to collect on the debt after this period has lapsed, you may be eligible to seek the dismissal of any legal actions taken against you.

Why Choose Us?

Expertise in Texas Law: Our depth of local knowledge gives us the insights needed to navigate the complexities of debt defense effectively.
Client-Centered Approach: We tailor our legal strategies to fit your individual needs and circumstances, offering a truly personalized service.
Transparent Communication: We keep you informed at every stage of your case, ensuring you are well-equipped to make decisions that best serve your interests.

How Can Legal Representation Benefit You in a Credit Card or Debt Lawsuit?

As experienced Debt Lawsuit Defense Attorneys based in Texas, we meticulously examine the lawsuit brought against you to ensure that the creditor has followed the law in all respects. Here’s how we can assist:

Statute of Limitations Compliance: We investigate whether the creditor initiated the lawsuit within the legally prescribed time frame.
Debt and Fee Verification: We scrutinize the calculations for the debt and any associated fees to confirm their accuracy and legality.
Review of Creditor Claims: We assess if the creditor is seeking attorney’s fees and costs where such requests may not be permissible.
Discovery Responses: We manage all responses to any discovery requests served on you by the creditor, aiding in building a robust defense.
Statutory Violations: If there are any violations of laws such as the Fair Debt Collections Practices Act or the Fair Credit Reporting Act, we can file a counter-claim or initiate a separate lawsuit in Federal Court to seek compensation for you.
Communication Management: We handle all correspondences with both the creditor and the court, so you don’t have to.
In-Court Representation: We act as your advocate in court, defending you against the creditor’s claims during the lawsuit.
Settlement Negotiations: We aim to negotiate a settlement for a significantly reduced amount of the original debt, and where possible, work on removing the negative entry from your credit report.

By employing a multi-faceted approach to your defense, we work diligently to provide you with the best possible outcome in your credit card or debt lawsuit.

Timeline of a Credit Card Debt Lawsuit in Texas

Navigating a credit card debt lawsuit can be a complex and challenging ordeal. Understanding the typical timeline for such lawsuits under Texas law can empower you to make well-informed decisions at each stage of the process. Here is a general overview: link to Debt Defense Lawsuit Timeline

Common Creditors We Fight

Bank of America
Goldman Sachs Bank
Discover Card
Chase Bank
Citibank
Target National Bank
FIA Card Services
American Express
Capital One Bank
LVNV Funding LLC
Midland Funding LLC
Portfolio Recovery Associates
CACH LLC
Equable Ascent Financial
Asset Acceptance LLC
Jefferson Capital Systems
Hudson & Keyse LLC
Atlantic Credit and Finance
Bluebonnet Financial LLC
Unifund
Arrow Financial
Troy Capital LLC
NorthStar Capital Acquisition
Integras Capital Recovery LLC
Autovest LLC
Pharia LLC
Harvest Credit Management
NCEP LLC
Crown Asset Management
Samara Portfolio Management
Calvary Portfolio
Calvary SPV LLC
and more – collectors and law firms

Understanding the Debt Settlement Negotiation Process

Initial Steps

Upon engaging our attorney in judgment and debt settlement negotiation, the first step is to send a letter of representation to the entity holding your judgment or debt. This act legally mandates that all communications from creditors and debt collectors must be directed to your attorney, effectively ceasing any direct collection attempts, be it phone calls, letters, or emails.

Negotiation Phase

Your attorney then initiates a dialogue with the creditor’s legal department to resolve your financial obligations. This may include reducing the overall balance, structuring a repayment plan, or obtaining a formal release of the judgment or debt.

Agreement and Resolution

After negotiating and reaching a preliminary agreement with the creditor, your attorney drafts a formal Debt Settlement Agreement. You will have the opportunity to review this document to ensure it meets your expectations and fulfills the negotiated terms. Once all parties have executed the agreement, you commence with the payment plan to settle your debt. Upon complete payment, the creditor will file a release of judgment with the court and furnish you with an official copy, marking the resolution of your financial obligations.

Contact Our Austin Debt Defense Attorney

Don’t face your debt lawsuit alone. Reach out to our law firm today to discuss your options and begin your journey toward financial freedom. We are committed to delivering the legal support you need during these challenging times. Contact us today for an initial consultation or self-schedule your consultation with an attorney Now. Our team is committed to crafting personalized debt relief plans that offer real, effective solutions for our clients. Hesitate no more in obtaining the legal help you need.