citation for unpaid credit card debt

[manda55]

What is the name of your state? Texas

I just got a citation for an unpaid credit card debt for $4740.00, that was made in 1995. I have to answer by Oct. 17. What will they do if I am not able to pay? While reading the Plaintiff's original petition I notice page 2 is missing from it and from my husband's also. Is that something I need to look in to.

 

[Debt Guy]

You must file a response to the summons. If you think pages are missing, you will need to contact the attorney for the plantiff and say so right away.

First, however are some questions.

How old is this debt? By that, I mean, when was the last time you made a payment on the account (after which it was never current). Texas has a four year statute of limitations. If your last payment was more than 4 years ago, your response to the summons will be highly specific to the fact that the debt is time-barred.

 

[manda55]

citation for credit card debt

Texas

I think my last payment was way over four years ago. I picked up the Defendant's Original Answer letter today. What does it mean when you say the response is highly specific to the fact that the debt is timed- barred? What should I put on the answer where it says: subject to stipulation that may hereafter be made, defendant(me) Enters___________General Denial, pursuant to rule 92 material allegations in original petition, and request that plantiff be required to prove it charges and allegations against this defendant by a preponderance the evidence required by the laws of the this state. I'm sorry to write all of that, but I didn't know how to ask the question without it.
What will happen if I don't answer?

 

[Debt Guy]

If you don't answer, you lose! The creditor gets a judgment and the right to hound you for the next 10 to 20 years.

It sounds as if the debt is out of statute. You will need to file a response that the debt is time-barred.

I can't see the document you have in your hands so I can't answer your question.

Go down to the courthouse and talk to the court clerk. Tell them you have been served a summons on a debt that is out of statute. Ask if they have a form or if they can show you a sample of a motion to dismiss when a debt is time-barred.

The judge will schedule a hearing. Show up. Tell your story. Get a copy of your credit report and see if you can find the entry for the original creditor. Take it with you to show the judge. If there is nothing on the credit report, then most likely the date of last activity is more than 7 1/2 years ago since that is how long negative items stay on your report.

This is a real no-brainer. You just got to touch all the bases in the right order.