San Angelo, TX asked in Civil Litigation and Collections for Texas

Q: first time being sued what do i need to look for and what if i cant afford one upfront

being sued for 100k and im in debt and barely getting back on my feet while trying to survive while. its my first time im being sued , what kind of lawyers do i look for and im pretty poor and i see lawyers are like 300 or more an hour. i feel like im drowning but need to know what to do

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: You should look for a civil trial lawyer a/k/a litigator with experience defending debt collection cases like yours who practice in or near the county where you have been sued. The Texas Board of Legal Specialization certifies lawyers in civil trial law, in personal injury, and in consumer and commercial law. If this lawsuit involves a consumer debt, the latter would last would be an appropriate lawyer for your case. If you are being sued for a motor vehicle collision or other injury-type claim, a lawyer certified in personal injury law would be a good fit for your claim. If the suit involves a different type of claim than those two, a lawyer certified in civil trial law might be a good fit for your case.

Given your debt situation and statement that you can't afford an attorney "upfront," you should consider consulting a bankruptcy lawyer. Filing bankruptcy will stay most civil litigation, unless you are being sued for a debt that is secured by an asset, for fraud, or for an intentional tort. Bankruptcy may also offer you a solution to your other debt issues. This option is particularly attractive if you think you will probably lose the lawsuit that has been filed against you.

Realize that most lawyers do not charge the entire cost of defending a lawsuit "upfront." Typically, they charge an hourly fee and request a modest deposit of an initial retainer to bill against, and then you would replenish the retainer each month based on how much time the lawyer spent defending your case.

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