What to Do if Facing an Atlas Credit Lawsuit in Texas

Is Atlas Credit Co. Inc. suing you for debt collection on a personal loan? Below, our debt collection defense lawyers discuss important steps to take if facing an Atlas Credit lawsuit in Texas. 

Who Is Atlas Credit Co. Inc.? 

Atlas Credit Co. Inc., also known as Atlas Credit, is a consumer loan company. It offers personal installment loans to individuals. According to its website, it provides loans between $100 and $1,400 with loan terms of five to 12 months.

The lender is a legitimate, privately-owned company founded in Tyler, Texas, in 1968. However, it has grown and has offices across Texas. It has also opened offices in Oklahoma and Virginia.

Can Atlas Credit Sue You for a Personal Loan? 

Atlas Credit has a history of filing lawsuits against consumers to collect debt from defaulted personal loans. If Atlas Credit is suing you for debt collection, it believes you owe it money for a personal loan it provided

Depending on the circumstances surrounding your case, Atlas Credit may have a viable claim to recover debt from you. However, it may also have a weak case. We recommend having an experienced debt defense attorney review the case. We can investigate the validity and strength of Atlas Credit’s claims against you. 

Who Represents Atlas Credit in Debt Collection Lawsuits? 

Rather than hire third-party debt collectors or law firms, Atlas Credit appears to use an in-house team to pursue its collection lawsuits. Many lawsuits brought by Atlas Credit list the name Brenda Nunez. Nunez likely works for Atlas Credit. 

What Do I Do if Atlas Credit Is Suing Me?

We understand you may have reasons for wanting to ignore the lawsuit and avoid talking to a lawyer. However, if there is one thing to take away from this article, it is not to ignore a collection lawsuit against you. 

If Atlas Credit is suing you for breach of contract and debt collection, there are a couple of steps we recommend taking right away. These steps include consulting with an experienced debt resolution attorney and filing an appropriate response to the Atlas Credit lawsuit. 

Step 1: Discuss Your Situation With an Attorney

We recommend talking to a debt collection defense lawyer as soon as possible. An attorney who handles debt collection defense cases can help you understand your best legal options based on your situation. However, before building a legal strategy, your attorney’s priority will first be helping you avoid a default judgment by filing a response to the lawsuit. 

If Atlas Credit gets a default judgment against you, which may happen if you ignore the lawsuit, it may be able to pursue the money from you through bank garnishment, property liens, or property seizure. In Texas, lenders cannot seek wage garnishment, or take money from your paychecks, to pay the debt.

Working with an attorney also gives you a better chance of obtaining an outcome that benefits you. We discuss how a lawyer can help you in further detail below. 

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Step 2: File an Answer With the Court Handling Your Case

You must act quickly to file a response to the lawsuit in order to protect yourself from a default judgment in court. We recommend working with an attorney to prepare and file your response to avoid mistakes and missing important deadlines.

In Texas, you generally only have 20 days to file a formal response to a collection lawsuit. However, in some cases, you may have as little as 14 days to file. You must file this response, called an Answer, with the court and send a copy to the plaintiff so they know you responded. 

Filing an Answer is critical to your case for a couple of reasons:

• It protects you from a default judgment. First, it protects you from a default judgment, which would likely occur if you ignore the suit. A default judgment would entitle Atlas Credit to the amount of money it alleges you owe. 
• It puts the burden of proof on Atlas Credit. As the plaintiff in the case, Atlas Credit has to prove that you owe the debt as long as you respond to the lawsuit. You can demand debt validation from Atlas Credit in your Answer. In some cases, the lender may not have enough evidence to prove you owe it money.

How Can a Lawyer Help Me in a Debt Collection Lawsuit? 

A dedicated debt defense attorney can alleviate the stress and confusion of dealing with a lawsuit by handling it on your behalf. From an initial confidential consultation to discuss your situation to resolving your case, your attorney will assist you in many ways.  

Besides ensuring you avoid a default judgment, your attorney will also investigate the validity of Atlas Credit’s case against you. By clearly understanding the strengths and weaknesses of Atlas Credit’s case, your attorney can determine the best defense strategies for your case. 

If your attorney determines the lender has a strong case against you, then your lawyer can explore other resolution opportunities. For example, negotiating a settlement with Atlas Credit may be the right option for you. Or, if you are dealing with extensive financial hardship, exploring bankruptcy to discharge your debts may be a good option.

At Warren & Migliaccio, we take the time to understand your unique situation and the case you are facing. We are dedicated to helping our clients find the best way forward that aligns with their best interests and put collection lawsuits behind them.  

Schedule a Consultation to Discuss Your Legal Options for Fighting an Atlas Credit Lawsuit

Warren & Migliaccio has significant experience and success in helping individuals facing debt collection lawsuits reach favorable resolutions. We handle debt collection defense cases across Texas and have offices conveniently located in Richardson and Dallas.

You should not face an Atlas Credit lawsuit alone. We provide affordable legal services to help our clients get through these difficult situations. During a confidential, no-obligation consultation, we can review your case and discuss your potential legal options. Call our office or contact us online to request a consultation with us today.