Credit Card and
Debt Collection Defense

Houston, Texas, Credit Card Debt and Debt Collection Defense Lawyer

Are you being sued for credit card debt? You are not alone. Tens of thousands of Houston area consumers are sued every year over credit card debt. While not always the case, creditors can sue to collect an outstanding debt of as little as $1,000.00 dollars. If you have been sued, you may believe that you have no defense. You could be wrong.

Debt collection defense consists of using both federal and state laws to defend debtors against unlawful collection practices or improperly filed suits. Some collectors threaten or harass a debtor in an attempt to strong-arm the debtor to pay a debt that may not even be valid. Consumer protection statutes were enacted to prohibit such behavior and can allow for the recovery of damages and/or attorney fees.

While not every debt collector practices shady means of collection, Houston attorney Dwaine M. Massey is aware of more than a few who break the law when attempting to collect an alleged debt. If you are ever harassed in any way by a collection agent or agency, you may be able to seek damages for their transgressions. As mandated by federal law, in a successful civil action, you are entitled to statutory fines for violation of the Fair Debt Collection Practices Act ("FDCPA") and the debt collector will be forced to pay your attorney's fees. The FDCPA protects consumers from unlawful debt collection practices, regardless of whether a valid debt actually exists.

Some common examples of violations under the FDCPA are:

• Threats to take actions which are not legally available to the debt collector.
• Requiring you to defend a lawsuit in a county where you do not reside or signed a contract.
• Contact or calls with neighbors or family.
• Failing to give certain statutory notices required under the FDCPA.
• Suing you or threatening to sue you on a time-barred debt.

In other cases, a lawsuit is filed by a debt buyer or another party who cannot even prove ownership of the debt. Debt buyers purchase debt from credit card companies for pennies on the dollar in bulk sales. Lacking good records, these creditors often have trouble proving their cases at trial when the debtors are represented by competent counsel. They count on debtors not responding to the suit or not responding with an experienced attorney. The attorney for the debt collector will use your lack of legal knowledge and experience to recover a judgment against you, even if the underlying debt is invalid or inflated. A common tactic is to rely on your failure to respond to a request for admissions and then seek a summary judgment against you without a trial.

But it is important to know that collection actions can be beaten, either reducing the debt or eliminating it altogether, by raising available defenses. With competent legal counsel, losing can be avoided and a favorable result is likely. While the Massey Law Firm cannot guarantee that you will win, you will be represented by counsel with a great deal of successful experience.

Contact the Massey Law Firm Today

To schedule a consultation and discuss your case, contact attorney Dwaine M. Massey today for a free case review. He will assess your case and determine how to best protect your rights.