Texas debt collection laws, does Texas have a statute of limitations on old debt
Houston, TX
Viewed 2338 times.
Posted about 1 year ago in Debt Collection
Flag as objectionable
personal debt:
hi! please help! my name is ms.nguyen,and i live in houston.back in 8/2004,i borrowed $75K from a friend and signed a contract, with 12%interest.we made three payments of $750, but after our convenience store was sold,we did not have any more money to pay back the debtor, cause we basically gave the store away. so in the year 2005, my husband and i did not have any money to pay, because we only had one income.but starting on 1/2006, we paid $100 every paycheck, which is about $5200/yr, but we paid in cash though.then,in may '08,i was sued for the 75K, and only the first three payments were mentioned, but none of the payments we made in cash starting from jan 06-may08. my husband talked to the defendant's lawyer and thought that he had settled it, and we hadn't heard back from them til this morning, when i got served with papers again, but this time, they included my husband in it, saying that we conspired to borrowed that money and we knew at the time that we were not going to pay them back .the contract is under my name only, because i borrowed the money to try to run our business, which was under my name only.when we borrowed the money, they knew exactly that i was the one that was borrowing the money and not my husband. we are/were willing to pay them back what we owe, but only in small amounts, because we have a mortgage, under my husbnd's name, and we have two kids. but for them to sue us over this, and not mentioned all the money we've been paying them since 2006 is wrong. i had heard that the defendant only has four years to collect a personal debt. is this true?? please advice on what i should do? we were very willing to pay back the money,but... what should i do, is there a law that protects me, in this case??? please advice. i desperately needs it. thank you so much.
- Is this your question? Add additional information
Answers (2)Sidney Joseph Diamond
This attorney is licensed in Texas.
Posted about 1 year ago.
Flag as objectionable
While it is true there is a statute of limitation on the collection of most debts the question is when does the statute of limitations start to run and under what circumstances is the statute tolled (stops running for a period of time). In your case it is difficult to tell from the facts presented. Usually the statute starts running when a default occurs. I can not tell if there was one lawsuit or two involved in your situation. Again it is confusing.
What is very clear is: They are attempting to suck your husband into the fight so as to bring the whole community estate and any property that he has into play. They are also attempting to prevent from getting a discharge in bankruptcy because of the allegations you say are in the pleadings. What you need is competent advise from a competent attorney, in this case I recommend that you seek the advise of a bankruptcy lawyer who is certfied in business bankruptcy law by the state of Texas and by the American Board of Banruptcy Certification. Usually the first vist is free. Gabriel Cheong
This attorney is licensed in Massachusetts.
Posted about 1 year ago.
Flag as objectionable
Note that I am not licensed to practice in your state. This is not intended as legal advice. Please check with an attorney in your state.
In my opinion, the statute of limitations doesn't protect you here because you last made payments in 2006. Every time you make a payment, it restarts the statutue of limitations clock. There are only 2 things you can do at this point: (1) they will sue you and get a judgment. but if you have no money to pay them, then they can't collect. (2) file for bankruptcy. |