I live in the state of Texas and is currently being sued by a collection agency. I understand the SOL in Texas is 4 years, even though they have on my credit report last pmt date of 5/19/09, can I ask them to verify they received a payment from me and also verify the form of payment, i.e copy of a check or a copy of the form of payment made. I believe the SOL has run out.

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Originally Posted by joycecdb

I live in the state of Texas and is currently being sued by a collection agency. I understand the the SOL in Texas is 4 years, even though they have on my credit report last pmt date of 5/19/09, can I ask them to verify they received a payment from me and also verify the form of payment, i.e copy of a check or a copy of the form of payment made. I believe the SOL has run out.

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Yes, you can request verification of the last time a payment was made and yes, SOL in Texas is only 4 years. Send a letter to both the court and the plaintiff stating that you believe the debt may be past the SOL and would like verification of this. If the plaintiff refuses to provide verification, then request that the lawsuit be dismissed.

However, making a payment isn't the only thing that renews SOL. If you used the card within the last 4 years, then they have a valid lawsuit.