Buying Debt Leads to Companies Filing Lawsuits Against Debtors

Texas has commonly been referred to as a debtors state because in Texas a persons house, furniture and automobile are exempt from liens to settle a debt.

But can times be changing?

Because Texans are exempt from these types of liens, when a collection agency serves up documents to a debtor to appear in court, most are ignoring such notices.

This is not the best thing to do.

When a debtor ignores such a document, the owner of the debt is awarded with an automatic default judgment. Which can lead to garnishment suits against bank accounts and liens on non-exempt property.

Collection agencies in the state of Texas cannot sue, however, third party companies that buy the credit card debt can sue.

In 2006, the amount of debt that was sold grew to $110 BILLION dollars.

More and more credit card companies are simply selling the bad debt out-right. I guess they figure getting something is better than getting nothing.

This leaves the consumer wondering if they are next on the list of potential defendants. Since the new law does not require that the debt buyer have an attorney represent them in court, it is more cost effective for them to proceed.

If you happen to be served, it is in your best interest to appear in court. There is no need to be intimidated.

If you receive notice from a collection agency, do not ignore it. If you do not owe the money, send a letter Certified Mail Return Receipt Requested and tell them that you do not owe. If you do owe the money, send a letter and make an offer to re-pay the debt in monthly payments.

If the terms are not accepted, try again. If the day does come that you are served, at least you will have proof that you attempted to work it out.

If you are sued for credit-card debt do not ignore the case when you are served with court papers. If you do, a default judgment will automatically allow the debt buyer to put liens on your property and to garnish bank accounts to settle the debt if permissible in your particular state.

Key point

Often times debt buyers do not get all the details on your past due debt. This makes it very difficult for the debt buyer to prove that you owe the claimed money. By appearing in court and filing a written statement that reads, I deny the plaintiffs claim and I am requesting that they show me a contract to demonstrate that they have the authority to sue. may release you of liability if proof cannot be provided.

Often the debt buyer cannot provide sufficient proof of the debt and their claim will not stand up in court. Though systems are actively being worked on to correct this flaw when debt buyers make their purchase, it has still some time before this issue is resolved.

Also the information that the debt buyer receives may be wrong. With identity theft so rampant it is possible that you may not be the person that they are looking for.

In short, DO NOT ignore a court summons and get advice from legal counsel if in fact you are served.

Open all mail, do not assume it is junk mail.

A debt collection suit must be filed within four years of the default. This does not mean the date of your last payment or when the debt was sold.

Do not accept any demand for payment on past due accounts as truth. Mistaken identity does happen.

Always request in writing proof of any debt that you are not certain that you owe.

And always consult with an attorney if necessary.

God Bless

Carlos Cruz

http://www.DebtCreditLearningCenter.com

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