Is there anyway that a judge can disallow such a defense? Cause of action of debt was March 15 1999 which is over 8 years old. The statute of limitations in Texas is 4 years. There have been no exceptions such as my leaving out of state, etc, i.e. the statutes of limitations has not been tolled.

Hello hunter:

No. If the limitation outlined in the law has passed, then there is NOTHING a judge can do. However, you're using the date of the debt as the beginning for tolling the time limit. I don't know if that that's an accurate date.

When was the last time he paid you anything? When was the last time you asked? When was the last time you DID something to collect?? THESE dates, or others, might be the proper ones.

I really don't know. I DO know that the dates are very fluid, and the judge has wide discretion to decide which dates apply. Of course, if a judge isn't asked to consider these issues, he isn't going to on his own.

excon

Hello again, Hunter:

I didn't see your other post.

So, you're the guy who owes the money, huh? Like I said above, the dates are very fluid. If this is a credit card, judges sometimes use the date of last activity on the account as the day the statute of limitations BEGINS.

This might be a debt picked up by bottom feeders knowing the statute has tolled, but are hoping they can get a nickel or two from a few unsuspecting people. OR, they might actually have a hope in collecting. I don't know. You'll really have to tell us more.

excon

Thanks Excon for answering.

This is a personal debt with a gentleman who was a friend but wanted our relationship to be much more, if you know what I mean.

While he didn't request it, I put together a loan repayment schedule in writing which showed the last installment payment to be March 15, 1999. He has submitted this document with his complaint as evidence of the debt. Note that there never was ANY payment towards this debt whatsoever.

As far as attempts to collect on this debt, here is the real kicker. As long as I continued to accept his dates and spend time with him, he NEVER mentioned the debt and even if I did he would just shrug it off, i.e. whenever whenever. However whenever I didn't return his calls or tried to place some distance between us due to his pushing to become intimate, I would receive a voice mail that would say he thought it was time to settle up on the debt. I even have one or two of these on tape.

When I did contact him back and we got together for dinner, the loan was once again shrugged off. I even offered to trade him for some landscaping services of my company of which were also turned down. Nothing WAS EVER requested or mentioned AS LONG as I would go out with him. Even over the past few years I would receive Christmas
Cards but not ONE letter requesting payment of the debt.

On one of his documents submitted to the court, it shows two or three hand written notes of phone calls and messages left in 2005 i.e. regarding the debt. I also happen to have copies of these messages on tape and one mentions it while two of them never even address it just that he wishes I would call him back. Frankly I didn't want to call him back not so much due to this long ago debt but because I didn't want him to keep bugging me to go out with him, go to Las Vegas etc etc.

All along he has had my phone number and more importantly my address. At any time he could have written me a letter stating his request for me to pay back this debt. But I never received any such document or letter from him. The first and only demand made was via his attorney last December 2006 which again was well past the last installment date outlined in the installment plan I signed reflecting a final due date of March 15, 1999. And of course this demand letter from attorney was sent in order to prepare for filing his complaint. I also feel it was his attempt to get me to reactivate the loan so it would not be time barred. I never responded.

He stated in our recent hearing on discovery which was denied by the judge that he attempted to get some money from me when he just stopped by one night in fall of 2006 and that I said I didn't know who he was. I didn't respond in court, but frankly that was because I really didn't know who was in the car parked in front of my house with its lights on and that I was scared and ran into my house with my dog. What a jerk, why didn't he just send me a letter with his demands?

So that is where it stands. Hopefully I supplied enough details for you to get a better understanding of what transpired without boring you to death.

What dates legally start the statutes of limitation clock ticking in this type of scenario? I think you are correct in stating that I should make sure and document these dates in my motion to dismiss so that it is clear that this action is time barred and well within the Texas Statute of Limitation.

Thanks so much for your help and I will most definitely provide you some compensation via the paypal method for your assistance.

Lois

Hello again, lois:

I think you'll win.

excon

You know if he hadn't been such a jerk about everything, I probably would have worked something out with him. We even were contacted by some of the court shows to appear on them which means he could have got money and the show would have paid.

But he declined even though I accepted. IT isn't the money, he is mad because I don't want anything to do with him since he can't act like a friend inside of wanting more.

I just put together a full worksheet of the dates of repayment against the date of his filing petition. I even put together the same calculation with his attempts to collect i.e. one letter from his attorney last year and one hand written note of his alleged verbal attempt via a phone message to me in September of 2005.

All of these actions and dates fall outside the 4 yr time, even his verbal phone messages which are not substantiated nor do I admit to receiving such and that such had any reference to a debt.

I am going to move forward and file a motion to dismiss tomorrow directly with the court clerk. I have another person's format to use. For clarity of the dates and time issues, should I submit these worksheets as exhibits attached to the Motion or should this information be provided within the actual motion to dismiss?

I assume the judge is aware that I am certainly no lawyer, however I want to submit as proper a document as I can so that I don't irritate him or cause him to deny the motion due to a procedural issue versus the actual merits of the motion. Even if you know of a web site where I can either purchase or review samples of such a document, that would really help.

Again, I am serious that I will be supporting you via the paypal option. Believe me, if your advise and counsel has assisted me in taking the correct steps without coughing up a minimum of $500 to a local lawyer, it will be well worth it for me.

Thanks Lois