SOL assistance
Thank you so much for the information you've provided. It has been extremely helpful to me.
I have a second concern which I'm hoping you can help me:
I really wish I had found this forum several months ago; I've learned so much - it's amazing! The reason I'm submitting to you the following ADDITIONAL information to my case is because I've been reviewing the threads (cases) similar to mine in this forum, and I would just like to know if I have a legitimate CHANCE of having my case dismissed by the judge or not. You see, I was served on 12/05/2005, and at the time, I didn't have the financial resources to seek legal advise. So, I called the clerk at the civil court I was assigned and asked what I should do. Plainly, the clerk said to just write a letter telling my side of the story so that's what I did. Being suspiscious of the account information I was being sued over, I did not ADMIT to any of the questions I was being asked to admit or deny, instead I focused on the legitimacy of the information. Again, at that time I didn't know of forums and legal information and even that there was a SOL on my type of debt so I did and wrote the following on the body of the letter:
"This letter is in response to the petition file concerning account # 5491042891329127. Your Honor, because I've lived for over a year and a half at the present address of 3310 Doherty Place in Katy, Texas, I didn't receive the lteer sent on March 16, 2005 by Carnohan Law Offices, which was sen to 20419 Blue Beech Dr in Katy, Texas 77449 (as noted on exhibit c). Furthermore, because I didn't receive the letter, I as not able to formally file a letter disputing the establishment, total amount, and last payment of the account. Therefore, with all respect, I'm asking I be granted a fair opportunity to dispute this debt, since I believe it contains erroneous information.
Your Honor, during the year 2001, my wife, three children, and myself entered into what I believe have been the hardest years of our lives. Because of unemployment reasond during that year, we experienced a lot of loss, including the loss of our home, vehicles, and credit worthiness. Furthermore, because employers heavily use creditoworthiness as a determinant to hire, it has been very diificult to find employment within the financial industry - the industry I for years worked. I allude to that not to make excuses for the inability to resolve any financial debt I owe, but to shed some light on what has transpire during the last four years of our lives; the years since 2001 loss have been spent in a united effort with my wofe to keep our family together and emerge out of all this with successful children. As you can imagine how losses such as this one can have an adverse effect on a a family, I feel we have successfully balanced our work, study, and family life to overcome the tragety. Your Honor, as ia have done what I consider the very best I possibly could to succesfully get my family through this, all I plea is that you give me favor and be merciful to me."
The above is the complete body of the letter. Now, All I'm asking is that you please review the above answer I sent and tell me whether I should proceed and still raise the SOL defense on my trial date (which already has been set), or I've lost my opportunity to raise that defense because of the way I answered. Any and all the information you've already provided it's been priceless. I really do appreciate it! THANK YOU.
Secondly, in texas, the SOL on credit card contracts is 4 years. In my law suit case, and according to account statements I've obtained, the last payment made was in August 2001; the deliquency started to accrue on the credit card bill due 10/30/01. That is, the 10/30/01 payment due was not made and any payments thereafter. Would you help me determine the exact date the plaintiff had to file suit according to SOL. Also, are grace period days considered in determing that time, or only due date matters? Thank you so much.
