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Settled debt coming back (Texas)

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Klamath

New member
Not sure what to do about this one. Back in 2013 i got my CDL from a company after signing a contract to work for them for 1 year or would have to pay them back for my training to obtain CDL. Left them after 6 months in Sept 13. Jan 2014 contacted about paying them the contracted amount and arranged to make monthly payments. Was given a settlement offer in June 2014. Paid the amount and told everything was good,account closed. All discussions about thus were done over the phone only, so no email or written record. Was contacted by a debt collection company in April of this year (almost 5 years later) and told that it was turned over to them. What are my options regarding this or who should i get i touch with.
 


adjusterjack

Senior Member
told everything was good,account closed. All discussions about thus were done over the phone only, so no email or written record.
There's your problem. "I was told" is the most dangerous phrase in the English language. Never rely on anything you are told without verifying it in writing.

What are my options regarding this or who should i get i touch with.
Get in touch with whoever contacted you from the (junk debt) collection agency and tell them to pound sand because the statute of limitations for a lawsuit based on a debt in Texas is 4 years. See 16.004(a)(3):

https://law.justia.com/codes/texas/2017/civil-practice-and-remedies-code/title-2/subtitle-b/chapter-16/
If you get sued you raise the statute of limitations as an affirmative defense and the case gets dismissed.

It may also help you to know that the Texas constitution prohibits wage garnishment for most debts.
 

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