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Frequently Asked Questions

Q:        If I hire you to defend me, will I have to go to court?

A:        The chance of you having to personally appear in court is less than one percent.  I will go to court on your behalf, and it is usually concerning the issues I have raised with the court concerning the plaintiff's lack of evidence.  This does not require any participation by my clients, but they are welcome to come and watch if they want.

Q:        If the case is dismissed without prejudice, will I be sued again?

A:        Very unlikely.  While in theory, they can refile if the case was dismissed without prejudice, why would they?  That has only happened to me once in over a hundred cases, and we got that one dismissed with prejudice on the second go round. 

Q:        But what if they do refile after the case was dismissed without prejudice?

A:        In debt purchaser cases, I will continue to represent you without any additional fee if they refile, as long as the subsequent case is filed in Texas.

Q:        How will getting a debt purchaser case dismissed affect my credit report?

A:        It won't have any effect on the entries from the original creditor because they are out of the picture and are not a party to the lawsuit.  But if the debt purchaser also reported the debt on your credit report, you can try to use the dismissal to challenge the item on your credit report.  A client of mine tried this recently and got the item removed.

Q:        I've always paid my debts and been proud of my good credit, and but for a job loss and the recession, this would not have happened to me. I tried to negotiate with the debt purchaser but they wanted more money than I have.  What should I do?

A:        What is done is done.  Paying a debt purchaser doesn't make things right with the original creditor.  And the original creditor didn't bother to inform you about who purchased the debt, and the alleged debt purchasers can't or won't prove they own the debt and instead use phony or incomplete evidence and make a mockery of our courts.  I think that fighting them is morally correct.

Q:        I see that you take payment plans.  What kind of interest and late fees do you charge?  That's how I got in trouble with credit cards in the first place.

A:        I don't charge interest or late fees on payment plans.  It hasn't been a problem.  We'll get through this together.

Q:       Do you guarantee that I will win my case?

A:        No.  It is unethical for a lawyer to guarantee the outcome of a case.  I've never lost a debt purchaser case, but every case is a new case, with its own unique variables, some of which may be beyond my control.  I am highly motivated to keep my winning track record and will do my best to get you a good outcome.     

Q:        I want the best lawyer I can get.  Are you the best lawyer? 

A:        It is unethical for lawyers to make that claim, unless they can prove it.  I don't know how anyone could prove that claim, being that it is highly subjective.  There are other lawyers in town who also handle these kinds of cases, and of these, there are a few who I know and share information with on this subject and who I hold in high regard.  Of course I want your business but I am not going to bad mouth my competition in order to get it, and neither will they.  We're professionals and we don't do that.  I've been an attorney since 1995 and have a broad range of experience handling many different kinds of lawsuits.  These kinds of cases are smaller than the cases I started out working on at big law firms, but I get a lot of satisfaction helping individuals.  Winning one of these cases makes a big difference to an individual.  It can be a bigger deal to the individual than winning some big lawsuit for a giant corporation.  I care a lot about these cases.  That's why I want your business.  It just makes my day to win one of these.

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Law Office of Anderson M. Simmons PC, 702 Rio Grande, Austin, TX 78701. Phone: (512) 499-8688 Fax: (512) 499-8688. Email: info@simmonspc.com

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This web site is designed for general information only. The information presented at this site should not be construed as legal advice or the formation of a lawyer/client relationship.