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Collection Lawsuits in Texas

Collection Lawsuits in Texas

(The information listed below was drafted by the attorneys at Weston & Associates, PLLC and is for informational purposes only and is not to be considered legal advice. The information relates to lawsuits filed in Texas for collection purposes.)

Below are recent case results that I have obtained for clients in lawsuits brought by debt purchasers

Case Number

Creditor

Court

Amount

Result

890,052

Collins Financial

Harris County Court #1

$5,151.80

DISMISSED – client pays nothing to Creditor

891,264

LVNV Funding

Harris County Court #2

$8,028.18

DISMISSED – client pays nothing to Creditor

33213

Palisades Coll.

Fort Bend Co. Court #1

$12,732.46

DISMISSED – client pays nothing to Creditor

CV5991

Unifund CCR

Harris Co. Pr. 1, Pl 3

$3,337.64

DISMISSED – client pays nothing to Creditor

892,717

LVNV Funding

Harris County Court #2

$4,887.87

DISMISSED – client pays nothing to Creditor

893,590

Midland Funding

Harris County Court #3

$10,683.66

DISMISSED – client pays nothing to Creditor

887,781

LVNV Funding

Harris County Court #1

$4,014.70

DISMISSED – client pays nothing to Creditor

892,012

LVNV Funding

Harris County Court #3

$6,482.53

DISMISSED – client pays nothing to Creditor

56,940

LVNV Funding

Galveston Co. Ct. #2

$7,335.46

DISMISSED – client pays nothing to Creditor

CV6983

Pallino Receivables

Harris Co. Pr. 1, Pl 2

$1,682.62

DISMISSED – client pays nothing to Creditor

12250

LVNV Funding

Montgomery Co Ct. #2

$6,806.91

DISMISSED – client pays nothing to Creditor

887,857

Collins Financial

Harris County Court #3

$10,319.26

DISMISSED – client pays nothing to Creditor

893,006

LVNV Funding

Harris County Court #4

$8,251.70

DISMISSED – client pays nothing to Creditor

893,445

Palisades Coll.

Harris County Court #4

$17,106.79

DISMISSED – client pays nothing to Creditor

897,762

Dodeka LLC

Harris County Court #1

$5,000.00

DISMISSED – client pays nothing to Creditor

01508

Dodeka, LLC

Fort Bend Pr. 3; Pl 1

$4,947.57

DISMISSED – client pays nothing to Creditor

33372

Dodeka, LLC

Fort Bend Co. Court #4

$15,259.17

DISMISSED – client pays nothing to Creditor

CV7590

LVNV Funding

Harris Co. Pr. 1, Pl 2

$1,998.96

DISMISSED – client pays nothing to Creditor

873,024

Unifund CCR

Harris County Court #4

$5,170.07

DISMISSED – client pays nothing to Creditor

901,732

Midland Cr. Mgmt.

Harris County Court #3

$20,621.65

DISMISSED – client pays nothing to Creditor

901,721

Midland Cr. Mgmt.

Harris County Court #2

$5,180.81

DISMISSED – client pays nothing to Creditor

893,147

LVNV Funding

Harris County Court #1

$6,685.09

DISMISSED – client pays nothing to Creditor

907,605

Midland Cr. Mgmt.

Harris County Court #2

$13,344.50

DISMISSED – client pays nothing to Creditor

878,286

Resurgence Fin.

Harris County Court #1

$22,310.00

DISMISSED – client pays nothing to Creditor

892,651

LVNV Funding

Harris County Court #4

$12,020.27

DISMISSED – client pays nothing to Creditor

901,277

LVNV Funding

Harris County Court #2

$5,237.00

DISMISSED – client pays nothing to Creditor

CV2199

Capital One Bank

Harris Co. Pr. 1, Pl 2

$1,593.66

DISMISSED – client pays nothing to Creditor

886,551

LVNV Funding

Harris County Court #3

$5,170.07

DISMISSED – client pays nothing to Creditor

CV0575

Hilco Receivables

Harris Co. Pr. 1, Pl 2

$3,544.00

DISMISSED – client pays nothing to Creditor

886,667

NCO Port. Mgmt

Harris County Court #2

$12,327.28

DISMISSED – client pays nothing to Creditor

896,150

LVNV Funding

Harris County Court #1

$6,598.38

DISMISSED – client pays nothing to Creditor

895,284

Unifund CCR

Harris County Court #1

$10,026.98

NO EVIDENCE SUMMARY JUDGMENT FOR THE DEFENDANT - client pays nothing to Creditor

893,231

LVNV Funding

Harris County Court #1

$6,195.85

NO EVIDENCE SUMMARY JUDGMENT FOR THE DEFENDANT - client pays nothing to Creditor

31870

Asset Acceptance

Fort Bend Co. Court #2

$7,892.24

NO EVIDENCE SUMMARY JUDGMENT FOR THE DEFENDANT – Client pays nothing to Creditor

Generally a creditor has four years to sue you on a bad debt. By the time a lawsuit has been filed against you on a credit card debt or other debt, you have likely been subjected to months and maybe even years of harassing calls, letters, and perhaps even face to face meetings. Many of these collection tactics violate the Federal Fair Debt Collection Act and/or the Texas Debt Collection Act. We sue debt collectors who have crossed the line. Many of these claims must be brought as a counter claim to a lawsuit brought by the creditor.

"Service of Process"

Service occurs when a constable, sheriff, or process server (a private person/company hired by the plaintiff ) hands you a copy of the Plaintiff's original petition. This is necessary because many people will often try to deny that they ever had notice of the lawsuit.

Having an officer come to your home or work and hand deliver you papers can be a stressful and scary experience. Just rest assured that their only job is to hand you papers so that they can report to the court that you have received notice of the lawsuit. By the time you are served with the plaintiff's original petition, the lawsuit has likely been on file for at least a month. The time for you to "answer" is not when the case was filed, but when you were "served".

If you have been "served" with a lawsuit brought by one of your creditors, you need to immediately consult this office or another licensed attorney (preferably in the area of collection defense or Bankruptcy) because time is clearly of the essence. If you do not "answer" the lawsuit by the time permitted by law, then you will lose by default and a default judgment will likely be entered.

What is an "Answer"?

The answer is simply your response to the allegations contained in the Plaintiff's original petition. Your answer will list your defenses to the lawsuit and will simply put everyone on notice that you contest the Plaintiff's allegations. Some answers need to be sworn to in front of a notary or "Verified" depending on your defenses and the type of lawsuit against you. Many people fail to "Verify" their defense and simply file what is known as a "General denial". This could result in a summary judgment for the Plaintiff.

If you do not file an answer timely, the allegations of the plaintiff will be taken as true and a judgment will likely be entered against you. This is called a "Default Judgment".

Time to Answer

In Texas , if you were sued in Justice Court or Small Claims court, you have until the Monday next following the expiration of 10 days after you are served in which to file a written answer with the Court. (Count off 10 days from the date you were served, then find the following Monday, this is the answer date).

If you were sued in County or State district court in Texas , you have until the Monday next after the expiration of 20 days in which to file an answer. (Count off 20 days from the date you were served, then find the following Monday, this is the answer date).

What is Discovery?

(Interrogatories, Request for Production, Request for Admissions)

  • Request for Admissions

Admissions are the most serious type of discovery. If you do not respond to these, then they will be automatically admitted (Under Texas Law). For instance, if the Plaintiff asks you to admit or deny the amount owed and you do not respond, then you admit that you owe the entire amount. (The deadline to respond is generally 30 days from the date you received the requests ).

  • Requests for Production

The plaintiff will likely ask you to produce documents or other material. Some requests are objectionable but must be objected to timely. If you simply ignore the requests, you may be compelled to turn over documents by a court order. (The deadline to respond is generally 30 days from the date you received the requests).

  • Interrogatories

Often with the petition, or after the answer, you will be asked to respond to a variety of questions asked by the Plaintiffs (Interrogatories). The Plaintiff is limited to 25 questions (Including sub parts ). If you do not respond to these questions timely (Generally within 30 days), then you may be compelled to do so by a court order.

Motion for Summary Judgment

The Creditor/Plaintiff may even skip the discovery process and file a Motion for Summary Judgment. The creditor believes that you owe the money and that you have no valid defenses that a trier of fact (Judge/Jury) should decide.

The Trial

Usually a trial date will be set for your case that is generally six months to a year from the date of your answer. If the case progresses this far, then the judge will decide who wins or loses. Generally the cases are dismissed by the Plaintiff prior to trial.

Settlements

Sometimes it may be in your interest to try and settle the lawsuit, this is often a good alternative if the Plaintiff refuses to dismiss the case and you cannot afford losing at trial. This is also a good alternative if you are concerned about your credit score and getting the account out of collection.

The Judgment

(see our "Judgments in Texas" page)

 

Weston & Associates, PLLC

5001 Bissonnet, Suite 200
Bellaire, Texas 77401 map

713.623.4242

mail@westonlegal.com