Credit Card Debt Attorney - How to Handle a Debt Collection Lawsuit

Credit card debt attorney Shawn Jaffer, discussing how to handle a debt collection lawsuit in Texas.
Visit us at www.Jaffer.law or call for a free case evaluation at [phone]

[@patrickcunha7946]

Can help settle collection issues and credit violations I am moving to Texas

[@supercarlos03]

Great video. Cool background

[@jafferlaw]

I'm glad you like it

[@cobalt8065]

So what do I do if it’s not a debt collection company

[@themusicguyguy2255]

I'm in Texas , and work out of town alot , I was left a note on my door with an officers number to return his phone call, I did a search and found that a CC company is suing me for a debt I was unable to pay during COVI . 1st question is, why would they make the expensive effort to try and serve me papers for such a small debt? 2nd question is, what's the statute of limitations for them to actually serve me before they award the prosecution the right to do whatever they want in court without my knowledge or appearance ?
I'm assuming the time limit doesn't start until they serve me the actual filing, aside from that the debt can be taken off my record in 2 months. This is the original Debter btw , Discover , so I don't believe I can get a dismissal but I can prove that due ti what was going on in 2019 I lost my job and know they have forgiveness programs for such cases.
My Final question would be would it be smarter to higher an attorney such as yourself to handle this for me , and would it be cost effective if the actual debt is only 3k and I'm sure they'd settle for less than half that with me right off the bat .
Thanks for the video

[@user-st1hy6ql3j]

If you haven't been served, there is not yet a case, only a petition/complaint. Most states have a stale mate such as 3 years from the time the suit is initiated that would say it can no longer be pursued and the court will dismiss it all on their own. Credit card debts normally have a statute of limitation of 3 years. I think it's 4 years in Texas, from the date of your last payment. There is such thing as a time limit for service, but there is for the time they're given to request that you be served, once they request service they can pursue you until the case goes stale or they serve you. If it was a collection agency I'd probably take it, they are easier to defend.
I was sued by a debt buyer (collection agency) in 2020 and they didn't serve me until July of this year, it would have automatically been dismissed in October, they always rely on you not showing up to court or file an answer and if that happens they will request default judgement. I'm not as stupid as they take others to be I've filed lawsuits and I've even gotten a default judgement for the person not showing up. I called a lawyer and she filed all of the paperwork and filed for discovery and proof that the debt was mine...they had absolutely no paperwork, not even the account number, only the last 4 digits, the case was dismissed this week and now I've proven they have no contract, the statute of fraud in my state says that if they cannot prove a contract exists it must be removed from your credit report and that's pretty much all states. The original creditor will gave them nothing due to privacy laws and the contract I had with the original creditor cannot be transferred to them.
In almost every state debts are subject to statute of fraud for any debt over $500, if there is no proof of contract, the debt is unenforceable, but an original creditor likely has a contract, collection agency almost never do and if they did, the debt was between you and the original creditor, not them.
BTW, THIS IS NOT LEGAL ADVICE, JUST MY OPINION.

[@iinrefna]

Where in texas are you based?

[@steelers64]

Great info! do you work with out of state CRO I have a lot of leads I can send you way

[@KdConsumerhacks]

I need help drafting a complaint

[@milesdyson5211]

Question : the Loan Company says they don't use attorneys. But I'm getting sued by an Attorney who claims to represent the loan company?