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In Texas, can acknowledging a debt and agreeing/making a payment to a collection agency re-age an old debt?

Austin, TX |

Portfolio Recovery Associates called my partner claiming he owed an old credit card debit made in Virginia past both Texas and Virginia statue of limitations of debt, 4 and 3 years respectively, and he acknowledged the debt and made a verbal agreement to make monthly installments with an initial one as well. He just assumed the debt was his, because his ex-wife made debt before they were legally divorced.
After realizing the mistake, we have contacted our bank to make sure no more future payments occur, and we have verbally asked for a debt validation and are sending out a request certified by mail too. Does the debt get re-aged because of these actions in Texas? If they can't validate, can they still sue and win due to some re-aging legality?

Attorney Answers 3

Posted

More details are need to answer your questions. You should gather all relevant documents and go consult a consumer'r rights attorney.

This answer is intended to be taken as general information and not as specific legal advice. You should always consult a qualified attorney and make him familiar with all the relevant facts in order to get proper legal advice. Every case is different, and they must be evaluated on a case-by-case basis. David N. Smith 812 W. 11th Street, Suite 201 Austin TX 78701 (512) 457-0100 defenseattorneysmith.com

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Posted

The statute of limitations runs from the date of the last payment or the transaction. If you just made payment, then you have 4 years to beat, if you are on the loan. If this was an ex-wife debt and he was never on the note, well then, no liability unless the decree says he is liable for her debt. Best to bring all your facts to attorney.

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Posted

You are really going to need to have an attorney review the documents and the facts and circumstances. The particular wording, and the evidence of the dealings and transaction are important. It could be that the creditor violated the Fair Debt Collection Act or the Texas Consumer Protection Act.

Good luck.

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