I have a very old debt that the last payment made was 7/22/02. The statute of limitations to file suit to collect is 4 years where I live. But, is it 4 years from the last payment made (7/22/02), or 4 years from the first MISSED payment (8/22/02)?
2006-08-20 11:55:53 · 5 answers · asked by Anonymous in Business & Finance ➔ Credit
I have a certified letter waiting for me at the Post Ofiice that I am 99% sure is them notifying me of a lawsuit. I asked for debt validation and they did not respond. Typically, that means they are filing suit. Yes, I understand that I am stil liable, but I don't want to be sued. I am in Texas. By the way, I have the clowns on some FDCPA violations that are taped conversations.
2006-08-20 13:53:23 · update #1
It depends on if your state is a cause of action state or not.
What state are you in?
+++++++++++++++
For law suits, Texas is a "last payment", not a first late state on collection SOL.
You can probably look at your county court web site and see if a suit is filed in your name.
If there is a suit filed, you need to answer it within the time allowed.
Be sure to file any and all counterclaims that you have.
Get your credit reports and see if the collection agency or the lawyers are listed on there and have violations on the tradeline (bet they do) Use those violations in your counters.
Include the fact that they filed a lawsuit when they failed to validate the debt.
Also, be sure to stick affirmative defense of SOL in with your answer. Make "them" prove that you are still within SOL when they filed the suit.
If you have more than one violation on them, you may think about getting the suit moved to a different court so you can countersue for each violation instead of per action.
Do some reading on the first site I've listed. Also click on the link at the very bottom to go to his home page, a lot of good info on there. Such as links to your states rules of civil procedures etc
I would suggest clicking on the second link I've listed. Do some reading in the newbie forum first, then in a couple of the other forums.
There is a great deal of info on that site also.
2006-08-20 12:21:42 · answer #1 · answered by echo 7 · 0⤊ 0⤋
you are in the clear from what it looks like, keep in mind it will say on your credit for 3 more years and they will still call. I you make any arangement with the it starts all over again so be careful, they could play a game on you fast. even if your last payment was 8/22/02 you would be in the clear/ it takes lots of time and money to bring on a suit. if you would settle for your credits sake you must reasearch so you dont start a sol clock again
2006-08-20 12:43:28 · answer #2 · answered by sarah a 2 · 0⤊ 0⤋
First, study the quite statute. it would want to assert "interior" some era, or it would want to assert "no more desirable" than some era. those will be diverse and there is not any universal statute of limitations. commonly the day of the incident is day 0. the subsequent day is day one. and so on
2016-11-26 20:21:16 · answer #3 · answered by Anonymous · 0⤊ 0⤋
last activity date (pymt received) or if you called them after that, that would be the start date.
But, filing suit is different than NO LONGER being legally liable for the debt - that's the important statute. The most is 6 years, each state has their own. (i.e. 6 yrs from last activity)
2006-08-20 12:22:54 · answer #4 · answered by Paula M 5 · 0⤊ 0⤋
simply the date of first delinquency
2006-08-20 14:46:48 · answer #5 · answered by bella_4624_19 4 · 0⤊ 0⤋