Law offices of G A Flores

Do People Have To Actually Attend Court In These Cases?


Usually, the debtors never have to attend court for any of the hearings. We do it for them, and we appear for them because it’s not like a typical lawsuit. A debt defense lawsuit is an area unto itself. I would estimate that in well over 95% of the cases, a client’s appearance is not required, and we appear for them. A court case is done by affidavits and documents. In some instances, the creditors get their debt collectors to show up, but in the vast majority of cases, nobody appears with the exception of the attorneys.

What If Someone Cannot Afford A Debt Defense Attorney Due To Financial Hardship?

We accept payments on terms we clearly explain. We don’t charge hourly rates, so a lot of people will be surprised based on the amount that we charge, which certainly can be affordable and is a lot better alternative than trying to fight it yourself and maybe getting a big judgment against you when you could very easily cut your ultimate amount down substantially. We offer free consultations and take payments, so a lot of people will be surprised to know that they can actually afford it. My suggestion is to go ahead and talk to an attorney, before you think you can’t, because you may find out that you actually can. It’s a much wiser choice.

How Do You Advise People That Want To File Bankruptcy In Response To A Creditor Lawsuit?

My advice is that we do perform bankruptcies, and that is another one of our areas of practice. Bankruptcy can be appropriate in certain cases. You just need to have somebody to handle it, and in this instance, we have extensive experience in both areas. In some cases, you probably should file bankruptcy, and in others, you shouldn’t, so instead of generalizing, the best thing to do is to talk to somebody who knows both of these areas. If bankruptcy is really what you should do, then we will lead you that way because it makes sense.

There are all kinds of logical reasons for filing for bankruptcy besides piecemeal fighting each case. On the other hand, you might have a situation where all you really need is help for one or two cases, and you don’t really need to pursue bankruptcy. We are extremely qualified to make suggestions in both those areas.

Why Is A Debt Defense Attorney A Better Option Than A Debt Settlement Or Debt Consolidation Company?

A debt settlement or debt consolidation company can assist you, but they don’t have the same tools. These companies, many times, don’t have the legal tools. There are all kinds of issues, such as discovery issues and burden of proof that they are unable to handle; if you are able to point that out to collectors in the beginning, a lot of times that is what drives these cases to being settled or dismissed because there are all kinds of problems with them. A debt defense lawyer is uniquely positioned to be able to explain which one you can do.

An attorney that specializes in bankruptcy and debt collection is well positioned to explain to you which alternative you should try. There are instances in which debt settlement or debt consolidation can be helpful; but once you are facing a lawsuit in court, an attorney who specializes in debt collection defense is your first step because if you don’t do something, a lot of times the judge will make a default judgment against you. You want to avoid that from happening to begin with.

Additional Information About Debt Defense In Texas

It’s really important in this area to talk to someone who has the experience because most people, when they get a lawsuit by a first party or a debt buyer, assume that they are going to lose and don’t have any chance when the reality is very much different. The reality is that the debtor doesn’t have the burden of proof; the creditor does. It means that just saying that you owe a debt is not enough; they have to prove it. This is where if you know what you are doing, you can explain to them that their burden is to prove that you owe the debt and prove it in court.

Typically, debt buyers are overwhelmed, overburdened and would rather take default judgments against debtors instead of proving their case because a default judgment is easy. They just file a lawsuit, the person doesn’t answer, and they get their relief, whether they can really prove it or not. The one thing that many people are not aware of is the debt buyers have the burden of proof, and they must prove it. Many times they don’t have the documents to prove it and actually are not entitled to their judgments. It’s one of those areas where it could really be useful to hire an attorney.

For more information on Attending Court For Debt Lawsuits, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (210) 734-5725 today.

Guillermo A. Flores, Esq.

Get your questions answered - Call for a free consultation - (210) 734-5725

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