The Law Office of Tyler Hickle
4005C Banister Ln. Ste. 120C
Austin, TX 78704

Credit Card Lawsuits

I defend consumers against lawsuits brought by debt collectors, including bulk debt buyers.

Bulk debt buyers include: LVNV Funding LLC, Palisades Collection LLC, Unifund CCR Partners, Midland Funding LLC, Dodeka LLC, Hilco Receivables LLC, Asset Acceptance LLC, Pharia LLC, Arrow Financial LLC, Global Acceptance Credit Company LP, CACH LLC, Commonwealth Financial Systems Inc., Equable Ascent LLC, Portfolio Recovery Associates LLC, CACV of Colorado LLC, and National Recovery Solutions LLC.  The names charge but the lawsuits don't.

Bulk debt buyers purchase large amounts of written-off debt from credit card companies.  They may pay only a fraction of the face value of the debt.  They then seek to collect this alleged debt. One of their favorite tools is the lawsuit.  A judgment from a lawsuit enables the debt buyer to forcibly take money out of your bank account.  A judgment can also make it difficult to buy, sell or refinance a home.  But you cannot be put in jail for merely failing to pay a debt. And can't lose your house (homestead).

Some credit cards companies, especially Citibank, file suits themselves without selling the debt to another company.

There are defenses to these suits. Even when there is no defense to the suit, the amount being sued for may be incorrect.  It is the plaintiff's job, not yours, to prove they own the debt and that the amount is correct.  A knowledgeable lawyer will likely be able to find weak spots in their case.  A determined person can represent themselves successfully in these cases but I do not recommend it.

If you have been sued, you should not wait to hire a lawyer.  There are time limitations that may affect your rights.  A response to the lawsuit, called an answer, is required within about 20 days if filed in County Court and about 10 days if filed in Justice of the Peace court.  Many of these lawsuits come with attached discovery requests.  Failure to respond to discovery attached to a lawsuit within 50 days will damage case and may prove fatal to it.

I defend credit card suits in throughout Central Texas.  I defend suits in Justice Court (Justice of the Peace), County Court, and District Court.

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