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  #1  
Old 03-17-2004, 10:17 AM
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Join Date: Dec 2003
Posts: 13

Specific law for Texas SOL credit card collection


What is the name of your state? Texas
I know this issue has been covered as I have read the posts from way back (bigun and LadynRed back in Sept 03) and I understand from all the posts I have read that the Statute of Limitations in Texas for Collection agencies is 4 years, however, I need some clarifaction. I have been all over the Texas web site, reading through the TDCA, Texas Credit Laws, Texas Finance Codes that I have been pointed to via these forums (credit info discussion forum too,) but I can not find the specific law or statute that actually states the 4 year sol on colletion activity. I have a collection agency that has started collection activity on me for a 6 year old debt and I want to write a letter to them, but I want to specifically point out what law they are in violation of. Can anyone help. I'm sure it's there, I just cannot find it. Please help. Anyone?
  #2  
Old 03-17-2004, 01:13 PM
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Join Date: May 2001
Posts: 6,455
Here ya go:

[url]http://community-2.webtv.net/Y-Chat/WhyChatsCredit/page44.html[/url]
  #3  
Old 03-17-2004, 01:26 PM
anon29072
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I think what you are referring to is what is the statute of limitations that a creditor or debt collector can file a lawsuit to try to collect a debt. If the SOL is 4 years in your state, then if they don't file against you in the timeframe, then they are SOL. However, it is my understanding that the original creditor can continue to contact you until the cows come home about paying the debt as long as it is still owed. There FDCPA standards on the original creditor are less stringent than what they are for third party collection agents. Third party agents can contact you as well, but must cease collection activity when either you request validation, or send them a cease and desist letter.

It's very possible that if one collection agent is not successful in getting you to pay the debt, then it could be passed on to another. Regardless, you don't want to ignore them or any possible lawsuits that they might file if the SOL has passed. They can still file suit against you, but it's up to you to contest the action with the court for it being time barred.
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