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Old 04-30-2002, 11:25 PM
bluestar22
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Credit Card debt


I used to live in Texas. In 1987, while going through a marriage separation I had a credit card bill go to default and eventually I was contacted by one collection agency after another. I essentially ignored them. Once my divorce was final in 1989 and it was ruled that I was responsible for all credit card debt, I mailed a payment directly to the credit card company even though they had written off my account. In 1990, I moved to Illinois. In 1996 I was contacted by a collection agency to collect on that debt of $1400. I wrote to them that I had already paid that debt and never heard from them again. This past year, 2001, I was contacted by another company that claimed they had purchased the debt from the previous agency and they now added on what they said was interest owed and said I owed over $5000. I disputed the debt with them but they have now filed a lawsuit against me in an attempt to collect the debt. I have attempted to go back to my Texas bank to get proof of payment but that bank went insolvent in 1989 and I am unable to trace my past records. I have contacted the credit card company who say they have no record of payment. Do I have any legal recourse? Is there any statue of limitations that apply here? Help!!
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Old 04-30-2002, 11:56 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
The statute of limitations for filing judgements in TX is FOUR years, so that debt is way, way out of statute. You can use the statute of limitations as your defense against the judgement they have filed. Is there a court date, has the judgement been granted ? If you don't dispute it, they will get it by default and you won't be able to use the SOL defense.
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