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Am I still liable for a debt on a credit card from1997.
Dallas, TX
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Posted 9 months ago in Debt Settlement
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The original debt was for about $200.00 on a department store credit card. This account has been bought and sold by numerous credit collectors. Of course the amount shown due is always a huge amount because of interest. I had heard before that on a debt that old to not pay it. Where do I stand and should I just go ahead and try to negociate a deal to pay it off.
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Answers (2)
Jared B Hall
This attorney is licensed in Texas.
Posted 9 months ago.
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Without knowing when the date of default was (usually the date of last payment), one cannot know whether a suit on the debt is barred by the statute of limitations. In Texas, it is 4 years. After 4 years the debt collector has no legal remedy to enforce collection on the debt.
That does not mean they cannot still attempt to collect in a manner that does not involve the courts. Attempts to collect on debts that are barred by the statute of limitations are common but, without knowing more, may or may not be a violation of debt collection practices laws. 
Lu Ann Trevino
This attorney is licensed in Texas.
Posted 9 months ago.
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These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.
If your last payment on the account was made more than 4 years ago, the creditor cannot sue you to recover. You can send a certifed letter instructing the creditor and its collectors to cease communications with you regarding whatever file or account # they used. Do not admit that you once had the account or that you know you did not pay the debt. That would be a novation which gives the creditor a brand new 4 year collection calendar. |
