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    jeremymelisa's Avatar
    jeremymelisa Posts: 7, Reputation: 1
    New Member
    		  
    #1

    Nov 4, 2008, 01:55 PM
    Credit card company wants to sue
    When I was young, and dumb I might add... I got a credit card and then was unable to pay it back. I was contacted today saying I had to chose to settle it today or get sued, this credit card was from 1998 and the statue of limitations I believe is 4 yrs in Texas... so I would think they would not be able to sue. I know it's a debt I owe and they can continue to contact me for payment, but can they really take me to court?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #2

    Jan 28, 2009, 08:06 AM
    Quote Originally Posted by jeremymelisa View Post
    When I was young, and dumb I might add... I got a credit card and then was unable to pay it back. I was contacted today saying I had to chose to settle it today or get sued, this credit card was from 1998 and the statue of limitations I believe is 4 yrs in Texas... so I would think they would not be able to sue. I know its a debt I owe and they can continue to contact me for payment, but can they really take me to court?


    If it's out of Statute - no activity of any sort that extended the Statute - they can make attempts to collect but no, they cannot sue.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #3

    Jan 29, 2009, 08:28 AM

    Yes, Texas SOL is only 4 years. But note what Judy said: if it's out of statute. You said the card was from '98 but if you mailed them even a penny within the last 4 years, that will renew the SOL to the date they received payment.

    You might be better off trying to settle with them, because even though they can't collect the money, they can keep it on your credit report.
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