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13 LAWSUIT MYTHS
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MYTH
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REALITY
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Myth 1: You can't sue someone for a credit card debt in Texas.
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Sure you can. In fact, about 80% of the lawsuits filed in County and Justice Courts are for unpaid debts, mostly unpaid credit card debts.
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Myth 2: If I owe the debt, I will lose the lawsuit.
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Not necessarily. You owing the debt is different from the creditor being able to prove in court that you owe the debt. And we make it so that the creditor can't prove in court that you owe the debt. If the creditor can't prove in court that you owe the debt, you win. It's that simple.
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Myth 3: I should write a letter to the judge explaining why I didn't pay the debt.
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This is the worst thing you could do. You would be legally and conclusively admitting that you owe the debt, which is exactly what the creditor needs to win the case against you.
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Myth 4: I should just show up in court on the "Answer Date. "
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The "Answer Date" is your deadline to file an answer, not a hearing date. There is no court hearing on the answer date.
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Myth 5: I am entitled to a trial.
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Maybe so, maybe not. The creditor can win its case against you without ever going to trial in two different ways: (1) by getting a default judgment (if you didn't file an answer); or (2) by getting a summary judgment (if you didn't handle the discovery requests correctly). Either way, you didn't get a trial, and you lost the case.
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Myth 6: If I've never heard of the company suing me, I don't need to worry about it.
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Not true. "Debt purchasing companies" buy defaulted debts and then file lawsuits to collect the balances (plus interest, court costs, and legal fees). This is perfectly legal.
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Myth 7: If I don't "sign for the papers, " I haven't been served.
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You don't need to sign anything to be served. The constable or process server just has to hand you a copy of the lawsuit papers.
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Myth 8: If the creditor doesn't personally serve me with the papers, the lawsuit can't go forward.
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Not necessarily. The creditor can "serve" you without physically handing you a copy of the papers. They can tape the papers to your door. Or serve a third party at your home. Sometimes, they can even just publish a notice in a legal newspaper.
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Myth 9: The creditor's attorney will "work with me. "
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Sure. The creditor's attorney will work with you just fine to help you lose the lawsuit, get a judgment entered against you, and pay the money. If you want to win the lawsuit, not get a judgment entered against you, and not pay the money, you need to hire us.
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Myth 10: The Judge will help me out in court.
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No, the judge won't. That's not the judge's job. The judge's job is to decide, based on the evidence presented, whether or not you owe the debt. If you owe the debt, the judge will give the creditor a judgment against you for the full amount of the debt, plus interest, court costs, and legal fees.
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Myth 11: The Judge will set up a payment plan for me.
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No, the judge won't. That's also not the judge's job. The judge's job is to decide whether or not you owe the debt and to make a judgment accordingly. That's it. Making payment arrangements is your problem.
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Myth 12: The creditor can't do anything with a judgment in Texas.
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Wrong!! With a judgment, the creditor can...
Levy your bank accounts which means freeze them and take all the money
Put a lien on real estate you own
Seize any non-exempt assets you have
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Myth 13: I can handle the lawsuit myself without an attorney and save money.
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That's probably not a good idea. Nobody will tell you what to do or the deadline for doing it. And if you don't do the right thing and do it before the deadline, you'll end up with a judgment against you for the full amount of the debt, plus interest, court costs, and legal fees.
You'll save money in the long run if you hire us to handle your lawsuit. You probably won't have to go to court at all, and you can rest easy knowing that your lawsuit will be handled the right way.
We beat most of the debt lawsuits we handle. If we beat yours, you won't have to pay anything at all to the creditor.
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