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

Related Topics:
1 Lawyer Answer
John Michael Frick
John Michael Frick
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.