Are you currently being sued by Johnson Mark, LLC, for debt collection in Texas? We understand that you may be overwhelmed and unsure how to defend yourself. However, it is important to remember that you may have more legal options than you think for resolving the lawsuit. Below, our Texas debt collection defense lawyers discuss what to do if facing a debt collection lawsuit in Texas and your option of settling with Johnson Mark, LLC.
Who Is Johnson Mark LLC?
Johnson Mark, LLC is a law firm specializing in debt collection. It represents financial institutions, lending companies, and medical facilities trying to recover money that they allege is owed to them by consumers. Johnson Mark is based in Utah but represents creditors in multiple states, including Texas. When Johnson Mark files lawsuits against consumers in Texas, it brings in Texas attorneys as local counsel.
Is Johnson Mark LLC a Debt Collector?
Johnson Mark, LLC is a law firm that operates as a debt collector. However, it does not own the debts it works to obtain. Johnson Mark files lawsuits on behalf of creditors who are unable to collect on outstanding debts. When the original creditors have exhausted their collection efforts, they often sell the debts to debt buyers or hire law firms like Johnson Mark to recover the money through litigation.
Who Does Johnson Mark LLC Collect for in Texas?
Some of the creditors that Johnson Mark LLC represents for Texas debt collection cases include, but are not limited to:
What to Do if Johnson Mark Sues You for Debt Collection
Below, our Texas debt defense attorneys discuss a few steps you should take if Johnson Mark sues you for debt collection in Texas.
- Do Not Ignore the Lawsuit
- Ignoring the lawsuit can lead to a default judgment against you.
- A default judgment allows Johnson Mark’s client to obtain money without proving their case.
- Consult With Our Texas Debt Collection Defense Lawyers
- Schedule a consultation with our Texas debt collection defense attorneys.
- Review the claims against you during the consultation.
- Discuss next steps to protect your legal rights and resolve the lawsuit.
- Answer the Lawsuit
- File a response to the lawsuit, called an Answer, to avoid a default judgment.
- Submit your Answer to the Texas court handling your case and send a copy to Johnson Mark, LLC.
- Refer to our guide on how to respond to a debt collection lawsuit for assistance.
- Work with an Experienced Attorney
- Collaborate with a Texas debt collection defense attorney to ensure your Answer protects your interests.
- Avoid mistakes and ensure you meet critical filing deadlines.
- Be aware that you have a limited time to respond, sometimes as short as 14 days.
Can Johnson Mark, LLC Garnish My Wages?
If Johnson Mark, LLC gets a judgment against you, it may request a writ of garnishment to recover the debt. However, Johnson Mark cannot garnish your wages. Under the Texas Constitution, creditors and debt collectors cannot garnish wages to recover a debt.
However, Johnson Mark, LLC can try to get the money through bank garnishment. With a court order, your bank would freeze your accounts, and Johnson Mark could obtain the debt directly from your bank account. Additionally, if you deposit your wages into your bank account, they could then be seized.
Remember, the best defense against garnishment is to address the debt collection lawsuit head-on and not allow it to reach the judgment phase without proper defense.
What to Do if Johnson Mark Sues You for Debt Collection
Dealing with a debt collection lawsuit can be stressful and overwhelming, but settling your debt with Johnson Mark, LLC is possible. It may be in your best interest, depending on your situation. Here are some steps you should consider if you are thinking about settlement.
- Consult with a debt defense attorney. Before deciding on any course of action, consult a lawyer experienced in debt collection defense. They can help you understand your rights and provide guidance based on the specifics of your case.
- Answer the lawsuit. An attorney can also help you file an Answer to the lawsuit. Even if you plan on settling the case, you should file an Answer with the court. You want to avoid Johnson Mark obtaining a default judgment.
- Review the lawsuit thoroughly. Make sure you fully understand the claims made by Johnson Mark, LLC, and who is suing you. You have the right to request documentation to prove that Johnson Mark’s client legally owns your debt, that you owe it, and that the amount claimed is accurate.
- Determine your ability to pay. Figure out how much you can afford to pay toward the debt. Your attorney can help guide you through this process, considering your income, expenses, and other financial obligations.
- Negotiate a settlement. If Johnson Mark has a strong case against you, negotiating a settlement may be the right option for you. Your attorney can negotiate with Johnson Mark to work toward a settlement amount less than the total claimed in the lawsuit.
You can also review our full guide about how to settle debt before going to court.
Contact the Texas Debt Collection Defense Attorneys of Warren & Migliaccio
At Warren & Migliaccio, our Texas debt collection defense lawyers have extensive experience and success in helping Texans resolve collection lawsuits. We handle debt collection defense cases across the state. If you are facing a Johnson Mark, LLC lawsuit in Texas, we encourage you to schedule a consultation with us to discuss your options.
Our Texas debt collection defense attorneys can review the claims against you and discuss your potential options for resolving the lawsuit. We can also discuss how we can help you. Call us at (888) 584-9614 or contact us online, and we will reach out to you soon.