Warren & Migliaccio, L.L.P.

Dallas Family, Bankruptcy and Personal Injury Lawyers

Call For A Free Consultation (888) 550-6702
  • Our Team
    • Gary Warren
    • Christopher Migliaccio
    • Jonathan Frederick
    • Dan Varkey
    • Traci Diamond
    • Christopher R. Konneker
    • Sabah Hafiz
    • David Lane
    • Morgan Gill
    • Brandon Beuerlein
    • Client Testimonials
  • Camp Lejuene Victim Support
    • How we can help
    • Top 5 Questions and Answers About the Camp Lejeune Lawsuits
    • Symptoms of Water Contamination
  • Bankruptcy
    • Debt Resolution
    • Chapter 7 Bankruptcy
    • Chapter 13 Bankruptcy
    • Benefits of Bankruptcy
      • Stop Creditor Harrassment
      • Keep Your Property
      • Stop Foreclosure
      • Eliminate Credit Card Debt
      • Repair Your Credit Score
    • Bankruptcy Myths Debunked
    • Creditor Harassment
    • Tax Debt
    • Wage Garnishment
    • Bankruptcy Video Center
    • Why Meet with Chris?
    • FREE Bankruptcy E-Book
  • Debt Lawsuit Defense
    • Being Sued by Debt Collector? What you need to Know.
    • What to do when you are being sued by Credit Card Company
    • Is it possible to be Judgment Proof?
  • Family Law
    • Divorce Timeline and Roadmap
    • Child Custody
      • Types of Child Custody Orders in Texas
      • Child Support Modifications & Enforcements
      • Child Support: The Details You Should Know
    • Contested Divorce
    • Spousal Maintenance and Support
    • FREE Divorce E-Book
    • Military Divorce
  • Estate Planning
    • Last Wills and Testaments
    • 9 Reasons You Need a Revocable Living Trust in Texas
    • Making and Funding a Living Trust in Texas
    • Is It Time to Update Your Estate Plan?
    • Dying without a Will
    • Estate Planning Packet
  • Next Steps
    • Next Step
      • Make a Payment
      • Richardson Office
      • Dallas Office
    • FAQs
    • Articles
    • Blog
    • Get Tax Transcripts or Tax Returns
    • Get Your Free Credit Report
    • How to create a Skype Account for Virtual Video Meetings

8 of the Best Defenses to Creditor Lawsuits

Post by Christopher Migliaccio

If you’re faced with a lawsuit from one or more of your creditors, then you’ll want to mount the best possible defense. In this article, we’ll discuss what does not constitute a valid legal defense and 8 legally valid defenses that can help you win your case.

creditor-lending-money

What is Not an Acceptable Legal Defense?

There are several reasons why you may have fallen behind on your bills. In many cases, you may have been only partially to blame, or circumstances beyond your control forced you to stop making payments. 

No matter how valid your reasons are, the following defenses will not help you to get out of a creditor lawsuit:

  1. An explanation of why you defaulted on your debts, or why you are currently unable to pay off your debts.
  2. A statement that you are willing to settle the case or develop a payment plan with the creditor.
  3. An accusation that the creditor/debt collection agency refused to develop a reasonable payment plan before filing the lawsuit.

8 Valid Defenses Against Creditor Lawsuits

The following defenses can help you to have your creditor lawsuit dismissed. You’ll need to consult with your debt defense lawyer to see which ones may apply to your case, and how to select the right one.

  1. Identity theft. If you’ve suffered from identity theft, then it’s likely that the debt you’ve accumulated is a result of fraudulent activity. If so, then you have a powerful defense against any lawsuit brought up by your creditors. Your creditors will have to prove that you authorized each transaction that caused you to incur debt.
  2. Mistaken identity. Similar to identity theft, mistaken identity is when you’re held liable for someone else’s debt because they have a name or other identifying information that closely resembles yours. Again, you cannot be held liable for the debt in the case of mistaken identity.
  3. Statute of limitations. If your creditors didn’t file a lawsuit against you within the legally established time limit (counting from when you last made a payment), then their case is not valid. In Texas, the statute of limitations is 4 years. Any lawsuit filed after that time can and should be quickly dismissed.
  4. Previous payments made. If you did pay part (or all) of your debt, and yet were not credited for some (or all) of those payments, then you can point to the situation as a valid defense against a lawsuit. Keep in mind, the burden of proof is on you to prove that you did actually make those payments as you claim.
  5. Authorized user. If you were an authorized user on someone else’s credit card but never became a cosigner (in other words, never agreed to share financial liability for the card), then you can use that fact to your advantage when faced with a lawsuit from the credit card company. Only if you signed an agreement to share responsibility for the credit card can you be held liable for any debt incurred.
  6. Incorrect amount of debt. If you believe that the amount of the debt the plaintiff claims is incorrect, you have the right to dispute that amount. You can demand that the plaintiff produces evidence that the stated amount is correct, such as your original contract, billing statements, and so forth.
  7. Lack of assignment. Some debt collection agencies are “debt buyers.” In other words, they buy the right to pursue payment of your debt from your original creditors. If you’re dealing with a lawsuit from a debt buyer, you can make them prove that they actually “own” your debt. If they can’t do so, then their lawsuit must be dismissed.
  8. Bankruptcy. If you have been declared bankrupt, and the debt in question was part of the bankruptcy case, then your creditor cannot try to collect that debt from you ever again.

If you are facing a creditor lawsuit, speak to an experienced debt defense attorney at Warren & Migliaccio, L.L.P. today. Our team at Richardson or Dallas can help you to mount the best possible defense for your case.

Categories: Credit Card Lawsuit and Debt, Uncategorized Tagged: creditor lawsuits

Get Help Now!

Schedule a Free Consultation

If you need to speak with an attorney at Warren & Migliaccio, L.L.P.  submit our contact form or call either our Richardson or Dallas location to schedule a free consultation. We’re happy to meet at your convenience. Contact our firm today for legal counsel from experienced attorneys.

Practice Areas

  • Bankruptcy Attorney and Chapter 7 & 13 Lawyer Dallas, TX
  • Chapter 7 Bankruptcy Attorney
  • Chapter 13 Bankruptcy Lawyer
  • Child Custody Attorneys
  • Child Support
  • Dallas Divorce Attorney
  • Family Law
  • Spousal Support
  • Personal Injury

Recent Posts

  • What Do I Do if Absolute Resolutions Investments, LLC Is Suing Me in Texas?
  • What Do I Do if Velocity Investments LLC Is Suing Me in Texas?
  • What You Should Know if Facing a TD Bank Debt Collection Lawsuit in Texas
  • What to Expect if Being Sued by Citibank for Credit Card Debt in Texas
  • Estate Planning For “Just In Case” Scenarios

Locations

Richardson/Plano Office
3600 Shire Blvd #205
Richardson, Texas 75082
(972) 684-5051

Dallas Office
10440 N Central Expy #800
Dallas Texas 75231
(214) 974-3965

Follow Us

facebook logo twitter logo youtube logo


More Resources
Blog
Articles
PaymentPortal

Pick a Topic and Empower Yourself

  • Bankruptcy
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Child Custody
  • Child Support
  • Personal Injury
  • Divorce
  • Divorce & Your Children
  • Family Law
  • Stop Foreclosure
  • Spousal Support
  • Auto Accidents
HomeDisclaimerPrivacy PolicyTerms of UseContact UsSite Map
© 2023 Warren & Migliaccio, L.L.P. All Rights Reserved