Why did Second Round file a lawsuit against me?

Second Round purchased a defaulted debt from an original creditor. Second Round then files lawsuits against consumers in an attempt to collect the debt. They are counting on the fact that you will not respond or show up to court. If you do not then they may take a default judgment against you. In Texas, a judgment can be aggressively collected for ten (10) years and even longer if they keep renewing the judgment. This gives Second Round a long time in which to come after you. Many consumers think that a judgment is just a worthless piece of paper and if they do not want or can’t pay then there is nothing the judgment creditor can do in Texas. They are wrong. Judgment creditors can garnish bank accounts taking all the hard earned money. They can file a motion for receivership which allows them to remove money at any time from the bank account. They can stop the sale or purchase of a home or auto. They can try to sell any unprotected assets you may have in Texas. In short, whether a consumer has the funds to settle or not, it can get more costly the longer the issue is avoided.

If you have been sued then you need to answer the lawsuit. Participants in the system often have a better outcome than those that do nothing. Some of the options that you have are to:

• Attempt to Negotiate a settlement with Second Round before the answer is due. Many consumers recognize they may owe a debt and choose to attempt to settle the debt before an answer is due to the court. Second Round is often receptive to a quick settlement rather than spending more time and money in a lawsuit. Even if they can provide some of the documentation to the court, there is always a chance they could lose.
• Answer the Lawsuit filed by Second Round. Even if a consumer thinks they owe a debt it is still up to Second Round to prove that they own the debt, have the right to file suit, and have enough documentation to prove a debt is owed. They may not be able to successfully produce all required documentation when challenged.
• Do nothing. Many people decide to do nothing for lack of funds or fear of what can happen. Second Round may take a judgment against them and then ultimately have their bank accounts frozen (bank garnishment). Judgments in Texas are good for 10 years initially and they carry a minimum interest of 5%. The amount of an unresolved judgment can significantly increase over time.
• Seek bankruptcy protection. Our law firm does help clients file bankruptcy. If you are interested in seeing if bankruptcy is right for you visit our site Dallas Bankruptcy Attorney

The best time to take care of a lawsuit is NOW. It can potentially get more costly and worse.

Many choose not to answer a Second Round lawsuit. In that case, a defendant (you) can expect to:

• Possibly lose the court case.
• Receive a default judgment In Texas judgments automatically are good for 10 years. They can renew the judgment and it can stay in public records for a long time. A judgment can prevent you from purchasing homes and cars and an employer may deny employment. Judgments do keep increasing in value. They carry a state minimum interest rate that judgment creditors often calculate.
• Garnish bank accounts A judgment creditor may be able to garnish your bank account and take the money you do keep in it. Many are forced into closing their bank accounts and converting all payments to cash.
• Possibly be denied loans and employment A judgment can prevent you from purchasing homes and cars and an employer may deny employment.

John Helstowski, Managing Attorney

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