Credit Card Lawsuit Attorney
The Carabin Shaw Law Firm, based in San Antonio, Texas and with Offices across South Texas may be able to help protect you or your family from a lawsuit by a credit card company or a debt collection company.
Over the last twenty years’ hundreds of thousands of debt collection lawsuits have been filed. There are a few ways to reduce the exposure or all out stop these types of lawsuits. The types of lawsuits can be categorized into two groups:
- Lawsuits filed directly by your original creditor, your individual credit card company or your consumer lender, or
- Lawsuits filed by a debt buyer or a debt buying company. These companies purchase a debt from an original lender or an original creditor or from a prior debt buyer.
If you or a loved one have been sued on a credit card debt or a consumer debt you must keep several important factors in mind.
First, our Law Firm can help.
Second, you are not alone for thousands of others, across the United States have found themselves in this unfortunate situation.
Third, once the debt collector filed suit, the debt collection company becomes a Plaintiff in a civil court proceeding, which is not a bad thing.
Why is this not necessarily a bad thing?
The answer: It makes the debt collection company subject to the rules of court and thus the debt collection company is not allowed a free reign of attacking you. A plaintiff, such as a debt collection company is required under the Texas court rules, to actually prove its case by a preponderance of credible evidence. It must be in a position to prove the original contract and the individual debts, account for the payments and much, much more.
It is also important to understand and realize that the debt collection companies must follow all of the rules and confines of the Texas Rules of Civil Procedure, the Texas Rules of Evidence and our local San Antonio Court Rules that will all apply to this type of case.
What can this mean for you?
The credit card company or debt collection company will not be allowed to merely claim that you owe then money. Under the Rules of Texas, the Court will require the Credit or Debt Company to prove the claim and their proof submitted to the court must meet the standards imposed by the Texas Court Rules.
What is this so important?
It is critical that you understand that just because you have been sued by a credit card company or a debt collection company, does not mean that you will automatically lose or that you do not have a valid defense.
Understand that it is not your burden to prove that you do not owe the money to the collection company.
The rules mandate that the collection company must carry the burden of proof in a lawsuit. At Carabin Shaw, we believe that if you have an experienced and competent lawyer on your side, you have solid odds of winning or reducing the collection attempt against you.
Call us for more information.