Consumer Debt Defense

Tens of thousands of consumers in the Houston Metropolitan area are sued every year over credit card debt.

If you have been sued over credit card debt, you may believe that you have no defense. That is not necessarily true.

While you may believe that your situation is hopeless, my law firm has had great success in getting such lawsuits dismissed or in getting judgments in favor of the defendant entered. Well over 95% of our clients through December 31, 2008 have walked away from these lawsuits with nothing owed and nothing paid to the creditor or debt buyer. If you are skeptical about this assertion, see the list of cases below which reflect the dismissal of 230 lawsuits, the entry of 11 take-nothing judgments in favor of the debtor, and the settlement of 10 lawsuits for the period of January 1, 2005 through December 31, 2008. Overall, my law firm has saved our clients more than $2,250,000 in about 4 years. Only one case has been lost at trial, and it is currently on appeal.

You may ask, how can this be? It is mostly based on the fact that debt collectors suing over credit card debt lack good records. That means that these creditors have trouble proving their cases at trial when the debtors are represented by competent counsel. They count on debtors not responding to the suit or not responding with a competent attorney. It is also based on my 29 years of experience as an attorney, most of which is concentrated in consumer law. I established this firm in 1997, following 12 years as an Assistant Attorney General as part of the Consumer Protection Division of the Texas Attorney General’s Office and 6 years in legal aid. I am also Board Certified in Consumer Law. My wide experience in consumer law also assures that any claims that you may be possess under consumer protection laws, such as the Fair Debt Collection Practices Act, are raised and properly pursued.

If you respond to a lawsuit without an attorney, however, you are most likely to lose. The attorney for the debt collector will use your lack of legal knowledge to recover a judgment against you. They will rely on your failure to respond to a request for admissions and then seek a summary judgment against you without any trial. With competent legal counsel, however, losing can be avoided and a favorable result is likely to occur. While I cannot guarantee that you will win if my firm represents you, you will be represented by counsel with a great deal of successful experience.

If you have been sued in county or district court, you have until the Monday following 20 days after you were served to file an answer. If you were sued in justice court, you have until the Monday following 10 days after you were served to file an answer. If you fail to answer, the court may enter a default judgment against you. It’s just like a baseball or soccer game that is forfeited when one of the two teams fails to show up.