Statue of Limitations

[wtrfallgirl]

What is the name of your state? Texas
What constitutes the beginning of Statue of Limitations in Texas on credit cards. The last payment you made on a credit card or something else? Please advise soon as I got a phone call today stating that the creditor was going to proceed with a legal court date. Last payment I made was 8/01.

I was served papers in August of 2005 and I called a lawyer and had him write up a response. I faxed that response to Credigy (and mailed it also) within the 20 days like it said to and I haven't heard anything from them until today. Please advise what to do. Should I wait until I hear from them and then talk to a laywer or should I send them a response before then.

[JETX]

Originally Posted by wtrfallgirl

What constitutes the beginning of Statue of Limitations in Texas on credit cards. The last payment you made on a credit card or something else?

The SOL 'clock' starts on your breach of the repayment agreement.... and that is usually the due date of the payment following your last one on the account.
Texas CP&RC:
§ 16.004. FOUR-YEAR LIMITATIONS PERIOD.
(a) A person must bring suit on the following actions not later than four years after the day the cause of action accrues:
(1) specific performance of a contract for the conveyance of real property;
(2) penalty or damages on the penal clause of a bond to convey real property;
(3) debt;
(4) fraud; or
(5) breach of fiduciary duty.

Please advise soon as I got a phone call today stating that the creditor was going to proceed with a legal court date. Last payment I made was 8/01.

Send them a cease and desist letter (certified RRR), including your defense that the SOL has expired on the debt.

I was served papers in August of 2005 and I called a lawyer and had him write up a response. I faxed that response to Credigy (and mailed it also) within the 20 days like it said to and I haven't heard anything from them until today. Please advise what to do. Should I wait until I hear from them and then talk to a laywer or should I send them a response before then.

Oh, oh!!!! That means that they have already sued you.... and since you claim you haven't heard since.... they probably got a judgment against you.
Contact the court shown in the complaint.... and ask the disposition of the case.

[Zigner]

Originally Posted by wtrfallgirl

What is the name of your state? Texas
What constitutes the beginning of Statue of Limitations in Texas on credit cards. The last payment you made on a credit card or something else? Please advise soon as I got a phone call today stating that the creditor was going to proceed with a legal court date. Last payment I made was 8/01.

If they served papers in Aug '05 it sounds like they may have just snuck in under the SOL expiration.

[ceara19]

Originally Posted by wtrfallgirl

What is the name of your state? Texas
What constitutes the beginning of Statue of Limitations in Texas on credit cards. The last payment you made on a credit card or something else? Please advise soon as I got a phone call today stating that the creditor was going to proceed with a legal court date. Last payment I made was 8/01.

I was served papers in August of 2005 and I called a lawyer and had him write up a response. I faxed that response to Credigy (and mailed it also) within the 20 days like it said to and I haven't heard anything from them until today. Please advise what to do. Should I wait until I hear from them and then talk to a laywer or should I send them a response before then.

I know I'm being nit-picky and I don't mean anything personal by this, it's just a pet peeve of mine. It's Statute of Limitations and Statue of Liberty.