A creditor or debt buyer may decide to file a lawsuit against a debtor if they feel this is the best way to collect a debt. Debt collector lawsuits are filed by the thousands every month in Dallas County, Collin County, Tarrant County, and Denton County. In fact, many people are surprised that they are being sued for only a few thousand dollars or believed that since it was a credit card debt they would not be sued.
If you are sued, you need to answer the lawsuit whether you do it yourself or hire an attorney.
Once a debt collector files a lawsuit the creditor or debt buyer must prove their case by a “preponderance of the credible evidence.” They must adhere to the Texas Rules of Evidence, local rules, and finally the Texas Rules of Civil Procedure. This means that they must prove their case NOT that you must prove you do not owe the money. Our attorney can defend your interest making sure they Plaintiff has to suffer the burden of proof.
Regardless of whether the debt is yours or not, they must prove it in court.