if i had a debt and the last payment was made in 2002 while i lived in the state of texas is that debt collectible?

I got divorced in 2003 and the judge had ordered my ex to pay this debt (approx $1100.00) but he never did, there hasn’t been a payment made since 2002. Now I am getting harassing phone calls from a collection agency telling me it is my moral responsibility to pay the debt. I was under the impression that Texas had a statute of limitation of either 5 or 7 years and after that point they couldn’t collect on it. Am I wrong in my thinking? What do I need to do? Every time they call me they begin to yell at me when I tell them that the debt is uncollectible and I just need to make sure I am not provoking them to pursue further collection efforts. Please help.
Answer this question Add to list

Answers (3)

Mark Hankins

Mark Hankins

Contributor Level 7
If they're using the term "moral responsibility" chances are it's because any LEGAL responsibility is out the window. The louder they are, the less likely it is they have a case they can actually win on in court.

I can't opine on TX law, but I've linked to someone who says four years.

It may make sense to send the collector a "cease and desist" letter however if the collector is from the "Buffalo school" of unethical collections you may not have an easy time making them stop and the attorney general or a suit under the Texas Finance Code may be your best bet.
1 1
Shawn B Alexander

Shawn B Alexander

Contributor Level 9
I agree with Mr.Hankins on all counts. You should start keeping a log of all calls and contacts, because if it turns out the agency violates the FDPCA pasted below you may have a cause of action against them , but you will need evidence and the local attorney Mr.Hankins reccomends.


I have pasted a link to the fair debt collection practices act, you will need to contact a local lawyer for addition information about protection for your state law.

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

Good Luck
1 1
Robert Sterling Guest

Robert Sterling Guest Avvo Pro

Contributor Level 6
I agree with the above answer. 4 years is the statute of limitations for credit card debt cases.

That being said, you are protected by the fair debt collection act. Here is a helpful page from the Texas Office of Consumer Credit. Know you're rights and talk to an attorney if you believe they have been violated.

http://www.occc.state.tx.us/pages/consumer/education/DebtColl.htm
1 1

Ask a Question

Get free answers from real lawyers.

Ask now