Facing a debt collection lawsuit can be an overwhelming and stressful experience that can lead to severe financial consequences. However, it is critical to understand that you have legal options to protect yourself and resolve the lawsuit. Below, our Texas debt defense lawyers explain what you need to know about Noack Law Firm and the steps you should take if sued for debt collection in Texas.
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What Is Noack Law Firm, PLLC?
Noack Law Firm is a general practice law firm based in San Antonio, Texas. Founded by attorney Carolyn Noack in 2007 and recognized by the state bar, the firm practices insurance subrogation and defense, debt collection, judgment collection, receiverships, and employment law throughout the state of Texas.
The firm represents creditors and debt buyers, pursuing debt collection from consumers. Collection efforts may include filing lawsuits against alleged debtors. The firm also handles judgment collection, which means if the creditor wins the case against you, the firm will work to ensure the court judgment is fulfilled.
Why Is Noack Law Firm Suing Me?
If Noack Law Office has sued you, it likely means the firm represents a client who claims you owe them money. Debt collection lawsuits are typically filed after previous collection efforts when a creditor or debt buyer believes legal action is necessary to recover unpaid debts.
It is also possible that Noack Law Firm represents a client who has already obtained a judgment against you. Noack Law Firm may be taking further legal steps to enforce the judgment and collect the money owed.
This infographic provides crucial steps for individuals in Texas to protect their rights when sued for debt collection by Noack Law Firm, emphasizing the importance of prompt action, debt verification, legal exploration, and professional legal assistance.
Who Does Noack Law Firm Represent?
Noack Law Firm represents creditors and debt buyers or companies that purchase charged-off debts from creditors for pennies on the dollar and then pursue the total debt from the consumers. Our Texas debt defense attorneys often see Noack Law Firm representing the following companies in Texas cases:
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- ISPC, Inc.
What Do I Do if Noack Law Firm Sues Me for Debt Collection?
If Noack Law Firm is suing you for debt collection in Texas, we recommend taking the following steps:
1. Seek Legal Help From a Texas Debt Defense Lawyer
Contact an experienced Texas debt defense attorney as soon as possible after being served with a debt collection lawsuit. An attorney can evaluate the claims against you and help you understand your legal options for moving forward based on your unique situation. Additionally, if your case involves estate matters, probate lawyers may be needed to assist with any related legal issues.
At Warren & Migliaccio, we strive to get debt collection lawsuits against our clients dismissed. If we cannot get your lawsuit dismissed, we will negotiate for a favorable settlement on your behalf, fight for you in court, or help you explore alternative debt relief options like bankruptcy. When you work with us, we will defend and represent you through case resolution, helping you put a Noack Law Firm lawsuit behind you.
2. Respond to the Debt Collection Lawsuit
Regardless of whether you hire an attorney, it is essential to respond to the lawsuit. Failing to respond can lead to a default judgment, which means you automatically lose the case. A default judgment allows Noack Law Firm to take more aggressive collection actions, including bank garnishment, property liens, or property seizure.
You should file your response, or Answer, with the appropriate court within the specified timeframe, typically 14 to 20 days from the notice date. It must address each claim against you and include your defenses. If you have an attorney, they will handle this process on your behalf.
3. Verify the Debt
Request verification of the debt. By responding to the lawsuit, you put the burden of proof on the plaintiff. The creditor or debt buyer must provide evidence that you owe the debt, that the debt amount is accurate, and that they have the legal right to collect it. This process sometimes reveals errors or insufficient documentation, especially when charged-off debt is bought and sold, which may be grounds for dismissing the case.
4. Explore Your Legal Options
After responding to the lawsuit and requesting debt verification, it is important to explore your legal options. What are your defenses to the lawsuit? Are they strong enough for case dismissal or fighting the lawsuit in court?
Is it worth negotiating a settlement with Noack Law Firm? Or should you explore alternative debt relief options like bankruptcy? An experienced Texas debt defense attorney can help you answer these questions and determine the best course of action based on the circumstances surrounding your case and your financial situation.
What Are My Legal Options for Resolving a Debt Collection Lawsuit in Texas?
Generally, your legal options for resolving a debt collection lawsuit include the following:
1. Challenge the Lawsuit
If you do not recognize the debt or there are weaknesses in Noack Law Firm’s case against you, you can challenge it. You may be able to get the case dismissed, or you may have a strong defense to fight the case in court. For example, a couple of common defenses for debt collection lawsuits include:
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- Statute of limitations. Each state has a statute of limitations for pursuing debt collection through litigation. If the time has expired, the creditor or debt collector cannot sue you. In Texas, the statute of limitations is four years.
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- Incorrect debt amount. If the claimed debt amount is incorrect, you can provide evidence to contest the figure.
2. Negotiate a Settlement
If you recognize the debt and the plaintiff has strong evidence against you, negotiating a settlement may be in your best interest. Settlements often result in reduced debt amounts and more manageable payment plans. A settlement can also help you avoid the time, resources, and uncertainty associated with going to trial.
3. File for Bankruptcy
Depending on your unique situation, filing for bankruptcy may be the best option to help you manage overwhelming debt. Filing for bankruptcy halts all collection efforts, including lawsuits. Whether your financial difficulties arose from an accident, job loss, or issues related to investor relations, you may be able to discharge your unsecured debts through Chapter 7 bankruptcy or restructure your debt into a manageable payment plan through Chapter 13 bankruptcy. Do not hesitate to consult with our Texas bankruptcy attorneys to determine whether bankruptcy is a viable option for your situation.
Can a Debt Collector Freeze My Bank Account in Texas?
Yes, a debt collector can freeze your bank account in Texas, but this can only happen after it has obtained a judgment against you in court. Once a debt collector like Noack Law Firm secures a judgment, they can seek a court order to freeze and garnish your bank account to collect the owed amount.
If your bank account has been frozen or you face judgment enforcement, do not hesitate to contact us for a free consultation. We can review your situation and help you explore your potential legal options to address it effectively.
Contact Our Texas Debt Defense Attorneys for a Free Consultation
Are you facing a Noack Law Firm lawsuit for debt collection? If so, do not hesitate to contact our experienced Texas debt defense attorneys. We defend individuals across Texas and are committed to helping you obtain the best possible outcome for your situation.
We offer a free consultation to discuss your situation, review the claims against you, and explore your legal options. Whether you are dealing with debt collection, social security law issues, or other legal matters, our team is here to help. Call us at (888) 584-9614 or contact us online today.
