What are the steps involved in filing a collection defense lawsuit?

Filing a collection defense lawsuit in Texas involves several steps. First, you will need to determine if you have a valid legal claim against the collection agency. This typically involves researching the state’s laws regarding collections and contacting a lawyer who can provide further legal advice. Second, you will need to draft a complaint against the collection agency and have it served on the agency. This is a document that outlines the claims against the agency, such as failure to provide proper notice prior to collection, failure to provide an opportunity to dispute the debt, or violations of third-party debt collection laws. Third, you must file the complaint with the court. This involves submitting the complaint, a filing fee, and proof of service. Once the complaint is filed, the court will issue a summons to the collection agency and a date will be set for a hearing. Fourth, you will need to prepare for the hearing by gathering evidence and witnesses and any documents that may support your claims against the collection agency. Finally, the hearing will be held and each party will present their arguments. After the hearing, the judge will make a ruling on your case. If the court rules in your favor, the collection agency will be ordered to stop all collection efforts against you or pay you damages.

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