Debt Collection Defense

The Law Office of William H. Russell helps clients that are being sued by a debt collection company(s), being threated with a suit for debt collection, or have lingering debts affecting their credit.

Debt buyers often purchase a certain amount of bulk consumer debt for pennies on the dollar. They will start with a demand letter and will refuse to negotiate the debt down if you are an individual. Sometimes you don’t even receive this letter before you are sued because they send it to the wrong address or an old address.

They then file lawsuits on the purported debts claiming to be an assignee of said debts. Subsequently, these companies often take advantage of individuals by obtaining a default judgement when either the debtor/defendant does not realize they need to show up to court or know that they need to file an answer (with a general denial) to the lawsuit in the court in which the case is filed.

Collecting on these debts, however, is not an easy process, especially for a buyer of a debt. The law requires that the plaintiff show they ‘own’ the consumer’s specific account. Even if the collector can overcome the hurdle of the chain of title on the debt, it must prove that the sum it seeks to collect is permissible under the written agreement with the creditor and also the right amount. This often comes down to evidence which an attorney with experience needs to review.

It’s not recommended for consumers to represent themselves in such cases as they are often taken advantage of by lawyers working for the big companies that know the ends and outs of the practice of law. Therefore, having representation is important so that your rights are protected.

There are also federal and state fair debt collection laws these companies must follow. In fact, Texas has a statute, called the Texas Deceptive Trade Practices Act, that these fair debt collection statutes tie into that might even allow you to recover from these predatory companies for unfair and deceptive acts.

We are experienced in defending debt collection cases. Please feel free to contact us with your issue, either by e-mail at contactus@whr-law.com or by phone at 512-219-4053. We are here to help relieve you from the stress of this process and get you back on the right track to moving forward with your life.