A Consumer Financial Protection Bureau study shows about 70 million Americans struggle with past-due debts. While you can draw consolation from the fact that you aren’t alone, having debt in collections can trigger unpleasant consequences, such as harassment by a debt collector. The harassment can be anxiety-inducing and stressful. The debt collectors or attorneys can use irritating calls, emails, and lawsuits to break your spirit, forcing you to pay.
Who is Moss Law Firm?
Moss Law Firm, previously Allen L Adkins and Associates, is a legal firm in Lubbock, Texas, focusing on debt collection. Moss Law Firm files thousands of debt collection cases against consumers for creditors like Citibank. They have experience handling delinquent debt cases, so hire a professional attorney if they file a lawsuit against you.
Do You Have Rights?
A lawsuit by the Moss Law Firm can overwhelm you. However, knowing your rights can ensure the firm’s attorneys don’t scare you. Being scared can cloud your judgment and force you to make self-destructing decisions.
The FDCPA (Fair Debt Collection Practices Act) gives you some rights and protections. The act outlines limits and rules that debt collection companies or their representatives like Moss Law Firm follow. The guidelines include:
- Moss Law Firm attorneys can’t call or write to your work
- Their attorneys shouldn’t use vulgar or rude language as they engage you via mail or phone
- Their attorneys can’t contact you after 9 p.m. or before 8 a.m.
Consult a lawyer if such cases, or other actions you consider unprofessional, happen.
What To Do When Moss Law Firm Sues You
Here’s what you can do if they sue you:
- Answer the lawsuit: The law firm’s responsibility is to prove they own the debt, file a suit, and have adequate documents to show you owe a delinquent debt. They may struggle to produce all the necessary documents if you challenge them. Answering the suit allows you to clarify any misunderstandings and ensure a court doesn’t give an unfavorable verdict against you without your input. In your response, don’t admit you owe the alleged debt, file your answer within the stipulated time (20–30 days) with the appropriate court clerk, and mail the answer stamped by the court clerk to Moss Law Firm.
- Seek bankruptcy protection: A law firm can help you file for bankruptcy. You may have a more favorable payment structure if your application is successful.
Depending on your case’s circumstances, you could state that the Moss Law Firm didn’t file the debt collection case within your state’s statute of limitations. An attorney can help you review the case’s filing date and your state’s statute of limitations. The statute of limitations dictates how long an entity can sue you for various infractions. Depending on the state and lawsuit, this timeline can be between one and five years — four years in Texas. If the case’s facts reveal that the Moss Law Firm filed its suit after the statute of limitations elapsed, you can file a motion requesting the court dismisses the legal action with prejudice.
Doing nothing may not be your best option. Some people choose to do nothing because they lack funds or fear. You may get a judgment against you and have your bank account frozen and funds seized.
How We Can Help You
Warren & Migliaccio, LLP Attorneys at Law can help you if Moss Law Firm sues you. We are a professional and affordable legal firm serving Collin and Dallas counties. Once you contact us, our attorneys will examine your case and recommend your best course of action. Contact us today to get reliable representation against a Moss Law Firm lawsuit.