old credit card debt

naboylan50 · #1 Sep 12, 2006, 07:25 PM

I have an account that has not had any activity on it since 2/02. No payment was made on this account for about 6 months prior to that. I ran into financial difficulties because of medical reasons and had a loss of income.
Recently another company has contacted me concerning this account because they baught the debt. The have sued me. There are several issues, one of which is the statue of limitations which I believe has expired in Texas. Secondly, they state they sent me written notice of this debt on 4/26/06. I moved 4/4/06 and the notice was mailed to my old address and I have never seen anything from them. I have never talked to them. I do not believe they can legally persue this but am unsure what to do next. I also am not in any financial shape to pay anything. My credit report shows last activity on the original debt as 2/02, and the new collector, UNIFUND showing on my report as first reporting 6/06. What do I do next? Any advise?

Northwind_Dagas · Sep 12, 2006, 07:51 PM

According to this site:http://www.cardreport.com/laws/statu...mitations.html, the statute of limitations for Texax is 4 years. If there has not been any activity on the account since 2/02, even if they contacted you in 4/26/06, that would be longer than 4 years.

Quote:

[SIZE=+1] The statute of limitations (SOL) for a delinquent debt is the time limit for the creditor to file a lawsuit. This period starts when the debtor becomes delinquent. The fact that the SOL has "run" (expired) on a particular debt will not necessarily prevent a lawsuit from being filed (via a Summons And Complaint), but the defendant can have the suit dismissed on this basis.
...
[/SIZE][SIZE=+1]The Statute Of Limitations only covers lawsuits, and SOL expiration does not affect other types of collection action or reporting of the account to credit bureaus.[/SIZE]

Of course, you should seek the advice of a an attorney before showing up to court with info you found on the Interent.

TheCleaner · Feb 9, 2008, 12:45 PM

Did they sue you in a court of law or there was first an arbitration process? It makes a big difference but either way you can get out of it.

A credit card company is not suposse to sue over a debt, those debt are call unsecure for a reason. If you are already in court you will need an attorney.

Carl.-

joe240zx · Mar 13, 2009, 01:10 PM

According to an attorney I just spoke to, this is considered harrassment to be contacted after the statuate of limitations is up and they can definately be sued. The attny I spoke with is Richard Peck - 813/877-6442. We have been robbed by the credit card companies and do not need to help them in any way - yes, I am angry at them! I lost everything when they ran my interest rate to 29%



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