As a debt defense attorney here in Texas, many of my clients start off hesitant to see if I can help them get out from under their overwhelming credit card debt. Often when they eventually call, they all but tell me they didn’t want to talk to me about it. My interaction with Emma illustrates the point, and goes on to show how pleased my clients are after they make the call.
“Hi Chris, I wish I was calling to get moving on that estate plan I’ve been so lazy about,” Emma began. “But that’s not why I’m calling. Actually, I really didn’t want to tell you about this, and don’t know if you can help me, but I’m in some financial trouble.”
“Take your time Emma and let me know what’s troubling you when you’re ready. I understand, nobody likes to call a lawyer,” I said hoping she would find the courage to speak up.
“Chris, it’s nothing terrible, more just embarrassing. You see I’m drowning in credit card debt and don’t know what to do. My cost of living has kept going up and up after the divorce and I just don’t see a way to pay off my credit cards,” she finally confessed to me.
“Emma, many people are stuck under bigger credit card payments than they can handle these days.” I told her. “Most people think they can handle it on their own and don’t call me. But there are some very helpful laws and procedures most people don’t know about, that I do.”
“Like what, Chris?
“Well that’s what I’m about to share with you,” I said. “But first, I just want you to understand there’s no reason to be embarrassed. I’m here to help, just like I’ve helped many other clients out of similar situations.”
“Thanks Chris, I already feel more comfortable. Credit card debt is not something I chat about with my girlfriends, so it just feels good to tell somebody, especially somebody like you who can help me,” she said. “Now please tell me what you can do for me.”
Dealing with overwhelming credit card debt like Emma can feel isolating and, frankly, terrifying. The calls, the letters, the constant worry – it’s a lot to handle alone. The thought of losing your home, your car, or having your wages garnished can keep you up at night. You might feel tempted to ignore the problem, hoping it magically disappears. But ignoring debt doesn’t make it go away; it’s more likely to make things worse. That’s when the thought of hiring an attorney for credit card debt might cross your mind, someone who understands the complex legal landscape and can fight for your rights.
But what does an attorney for credit card debt actually do? How can they help you navigate this challenging situation? Let’s explore the crucial role they play in resolving credit card debt and restoring your financial well-being.
Why Do You Need an Attorney for Credit Card Debt?
You might think, “It’s just credit card debt; I can handle it myself, right?” Sometimes negotiating directly with creditors on your own can be successful. This is especially true if you have a good relationship with them and can demonstrate a plan for repayment. However, having an experienced attorney on your side, especially here in Texas, can be invaluable, particularly if:
You’re Being Sued for Debt Collection
Being sued for credit collection often requires swift, strategic action. Texas has specific debt collection laws, including time limits for filing lawsuits (statutes of limitations). If debt collectors do not follow these laws, you may have grounds to challenge the lawsuit.
An attorney for credit card debt can examine if the collector followed the proper legal process, determine the validity of the debt, and devise a plan to protect your interests, which might include:
- Filing the necessary legal responses.
- Negotiating a settlement for a lower amount.
- Defending you in court if needed.
Several legal blog posts provide valuable insights into what to do if you find yourself in this situation, particularly when facing a lawsuit from debt collectors like Genesis Recovery Services, Michael J Adams PC, or UHG I LLC in Texas. These posts provide information to help you better understand your potential options.
The Debt Is From Many Years Ago
As previously mentioned, Texas places strict time limits, known as statutes of limitations, on how long creditors have to sue you for unpaid debts. If this deadline has passed, the debt is considered “time-barred.”
It’s vital to know how a statute of limitations applies to your circumstances, but don’t try to navigate this on your own. An attorney can:
- Verify if the statute of limitations applies to your debt.
- Use debt collection defense to stop debt collectors from illegally trying to collect.
You’re Facing Aggressive or Harassing Debt Collectors
It’s against the law for debt collectors to harass or threaten you. Here an attorney can:
- Send cease-and-desist letters to debt collectors. This demands that they stop all contact with you directly.
- Hold debt collectors accountable for illegal actions, even taking legal action if needed.
How a Credit Card Debt Attorney Can Guide You
An experienced Texas debt lawyer brings specialized knowledge and skills. They will use these to guide you toward a resolution by:
Evaluating Debt Relief Options
An attorney for credit card debt will first work with you to analyze your financial situation. They will explain your options, including debt consolidation. This will help you understand what options make the most financial sense for your situation, like:
- Debt settlement: A credit card debt settlement allows you to pay off your debts for a lower amount that you owe. This often involves a lump sum payment rather than monthly installments.
- Debt Defense: A debt defense attorney would focus on examining if you even legally owe the money at all, potentially dismissing the debt. They understand how Texas law pertains to your creditors. They can help resolve a pending or looming lawsuit as soon as possible.
- Debt consolidation: This involves combining your existing credit card debts into one new loan, potentially with lower interest rates and a streamlined payment plan.
- Bankruptcy: In some cases, bankruptcy, while a serious step, may be the best option for a fresh financial start, especially if your debts feel insurmountable by any other means. An attorney will review your circumstances and advise on whether Chapter 7 or Chapter 13 bankruptcy can best serve your needs.
These options each have their complexities. An experienced attorney who understands them can provide you with crucial information to help you fully comprehend the advantages and disadvantages of each option. This information will help you determine the right solution for you.
Negotiating with Creditors on Your Behalf
Creditors are often more willing to work with attorneys than individual debtors. This is because they know attorneys are bound by ethical and legal standards. This gives the creditor more assurance that the process will be done aboveboard.
It’s helpful to appreciate how much U.S. credit card debt exists. This large amount often motivates creditors to negotiate a settlement. After all, creditors need to collect something if they are going to make money.
Protecting Your Rights as a Consumer
Attorneys knowledgeable in consumer protection law can ensure that your rights are upheld throughout the process. Attorneys can do this by ensuring the debt collection agencies aren’t engaging in illegal debt collection practices. Some attorneys, even credit card debt attorneys, focus specifically on cases like these. If a creditor isn’t following the law in a debt collection lawsuit, the attorney will know how to leverage this misstep, often leading to a favorable outcome for their client.
Here are a few instances of creditors potentially overstepping the legal bounds:
- Debt Validation: A debt validation letter is how you initiate requesting proof you owe a debt from a debt collector. This is especially important for a debt you might not recognize, for instance, one that is years old. Make sure to look for wording like this when dealing with a debt collector. This ensures they provide the right documentation, legally giving weight to whether it’s your debt.
- Statute of Limitations: You technically don’t have to hire a lawyer. Data from the Pew Research Center found that less than 10% of defendants in debt collection lawsuits have legal counsel. But banks and debt buyers know this and are banking on the fact that you will likely ignore the lawsuit because it’s scary, and you just want it to go away. In fact, according to an article from the University of Maryland, they hope and expect that over 90% of consumers will never challenge them at all. That said, banks, collectors, and debt buyers might tack on attorney’s fees or interest and costs if you are successful in your defense. That’s why it is always wise to at least explore what options are available by calling an experienced credit card debt lawyer. Many banks, debt buyers, and debt collectors have been accused of having inaccurate records; some have even been accused of robo-signing. Your attorney is your advocate throughout this challenging time.
- Fair Debt Collection Practices Act: The FDCPA prohibits unfair or deceptive tactics by debt collectors. Examples include threatening legal action that isn’t legally valid, pretending to be attorneys when they’re not, or repeatedly calling you to annoy, abuse, or harass you. An attorney for credit card debt understands these practices and will work hard to ensure they don’t infringe upon your rights.
Where to Find an Attorney for Credit Card Debt in Texas
Finding a qualified and experienced Texas attorney is your first step:
Ask For Referrals
Do you know someone, a friend or a trusted advisor perhaps, who has been in a similar situation? Start with those closest to you – they might have already done some of the legwork for you.
Research Online
Use your favorite search engine, using keywords relevant to your area and the specific type of debt legal services you’re seeking. For example, you can search “credit card debt lawyers in Texas.”
Consult Legal Directories and Bar Associations
Resources like the American Bar Association can help you find Texas attorney referrals in your specific area. The Texas State bar association can also be an invaluable resource in your time of need.
Explore Legal Aid Resources
Depending on your circumstances and income level, legal aid options might be available. Low-income defendants might be eligible for legal aid in their state, according to LawHelp.org. The Legal Services Corporation can be a fantastic place to begin exploring these often-overlooked legal aid options for credit card debt in Texas. You should never assume you wouldn’t be eligible and apply immediately to make sure.
If you are, or are married to, someone in the military, you could contact your local JAG office. They have JAG officers ready to advise and possibly even assist those currently serving our nation.
Key Considerations When Choosing Your Texas Attorney
Facing potential litigation over credit card debt in Texas is already stressful. However, once you find a Texas attorney who seems like they could potentially help you, keep these important factors in mind as you consider hiring them to represent you:
Experience
Look for Texas attorneys with a proven track record in credit card debt, debt lawsuits, bankruptcy, or consumer protection. This experience will help them best serve your unique circumstances. This is especially if a lawsuit has already been filed as they will know how to craft a solid defense on your behalf.
Reputation and Reviews
Do they have positive testimonials from past clients? You can also check sites like Google or Facebook for actual customer reviews or other industry-specific legal review websites. A bit of online digging into forums or discussions can tell you quite a lot. Pay attention to what people say about the attorneys – it can often reveal valuable information.
Communication
Clear, honest, and timely communication with your attorney throughout the process is essential. It helps to have your questions answered and make informed decisions regarding your case. This is even more critical if you end up having to make a court appearance, and remember to always ask for clarification on anything you don’t understand.
Fees and Payment Options
Transparency is key here. Have an honest conversation upfront about the attorney’s fee structure. It’s reasonable to ask if they offer payment plans or work on contingency for these types of cases.
Conclusion
Choosing the right attorney when overwhelmed with credit card debt can be one of the best decisions you make during challenging financial times, especially when facing potential legal actions. With a skilled Texas legal professional at your side, you’ll gain confidence and a clear understanding of your options as you work toward a brighter financial future. Our team of experienced attorneys is here to support you throughout this journey, providing tailored guidance and dedicated legal advocacy every step of the way. Schedule a consultation to discuss your situation—together, we can help you make informed decisions that set you on a path to financial stability. Call us at (888)-584-9614 or contact us online to begin.
How Can Chris Help Emma?
“Chris, there sure are lots of reasons to call an attorney if you are stressed out about credit card debt,” she said. “Luckily, my situation is not that bad yet. I’m getting called about the credit card payments, but I wouldn’t say I’m being harassed. I certainly wouldn’t call myself bankrupt, I own my house free and clear and just don’t have good cash flow these days.”
“On balance Emma, I think you’re right, your situation is not that bad. But you need to give me some more information before I can really assess how to handle your situation. So please, tell me, how much debt are you in?” I asked.
“Well, it’s hard to say but there’s probably about $40,000.00 spread out over three cards that I haven’t been paying back,” she told me.
“Forty grand over three cards. That sounds manageable. Have you tried to negotiate with the credit card companies?” I asked.
“Negiociate? I didn’t even know you could do that until you told me. Plus, I’m not very good at negotiating. Could you do it for me?” she asked.
“Short answer is yes, I can. But first I’d like to see your credit card statements and find out how far back your debts started accruing. Perhaps we’ll have a statute of limitations argument. I’ll need you to share your payment histories with me as well as gather as many statements as you can so I can look for patterns and assess how to best approach the negotiations.”
“Okay, I can do that. I have an envelope full of unpaid bills with the statements. And I can let you know when I made the last payments on these bills.” she said.
“Perfect, let’s start there. But I’ll also look into some debt consolidation options, including maybe using the equity in your house to pay off these high interest rate credit cards. There is a loan product called a HELOC that might be helpful for you and allow you to consolidate your debts at a better interest rate,” I started to explain.
“I’m not sure I like the idea of using my house. I like owning it free and clear of any mortgages,” she said.
“You are a step ahead of me there Emma. Yes, there is some downside risk in converting unsecured debt into secured debt like a HELOC. It’s not always a good idea, but for the right person, it does make sense,” I advised her. “Let’s take it one step at a time, but do know,I have an eye on all of our options.”
“Thanks Chris, I already see how much of a help you can be getting me out of this credit card mess. I’m so glad I called you, I can’t believe how long I hesitated before I picked up the phone,” she told me.
Schedule a Consultation with our Dallas Firm to Find Out What an Attorney can do for you when Facing Credit Card Debt in Texas
Deciding whether to hire an attorney to help you get out from under overwhelming credit card debt can be stressful and challenging, but you do not have to face it alone. Our team of experienced Dallas debt defense attorneys is ready to provide you with the guidance, support, and legal advocacy you need during these challenging times.
Whether you are trying to decide if you should hire an attorney to help with credit card debt or facing other debt related issues, we are here to help you every step of the way. We welcome you to schedule a consultation to discuss your situation and case objectives. We can answer your legal questions and discuss how we can help you move forward. Call our law office at (888) 584-9614 or contact us online to schedule your consultation.
