statute of limitations---judgment

[GoodQuestion]

I'm in Texas----Statute of limitations began Jan. 2010 / collector filed suit 2012 / never heard another word since then, NOW they have filed a motion for judgment w/ court date of 2/13/15----are they still w/in "SOL" since the original suit was filed w/in "SOL", or can I respond w/ "SOL" expiring? Thanks

 

[GoodQuestion]

statute of limitations----judgment

I'm in Texas----Statute of limitations began Jan. 2010 / collector filed suit 2012 / never heard another word since then, NOW they have filed a motion for judgment w/ court date of 2/13/15----are they still w/in "SOL" since the original suit was filed w/in "SOL", or can I respond w/ "SOL" expiring? Thanks

 

[mightymoose]

The length of the SOL depends on the type of debt.
From the information you give I would think a SOL argument would be the way to go. You have nothing to lose by doing so.

 

[army judge]

I'm in Texas----Statute of limitations began Jan. 2010 / collector filed suit 2012 / never heard another word since then, NOW they have filed a motion for judgment w/ court date of 2/13/15----are they still w/in "SOL" since the original suit was filed w/in "SOL", or can I respond w/ "SOL" expiring? Thanks

Okay, start by reading this blog:

http://www.bigtexcredit.com/resources/texas-law-library/texas-statute-of-limitations-on-debt/

Okay, by now you better understand the SOL and how Texas applies it to our (the debtor's) benefit.

Assuming a four year period of inactivity by YOU, using your dates, the SOL for any legal action adverse to you would have been sometime in January of 2014.

If a lawsuit was filed in 2012, that wouldn't affect the SOL, meaning it wouldn't impact the January of 2014 end date..
The SOL protects the debtor, not the creditor.

The issue for you to address is what did you do when served in 2013?
Did you default on appearing in court?
Did you file an answer to the lawsuit?
Normally, one must answer a lawsuit.
Most defendants simply use a blanket, also called a "general denial": "Now comes the defendant, John Smith, who denies each and every allegation in plaintiff's pleading."

If the defendant does not or fails to properly answer, the plaintiff may become eligible for a default judgment.
The mechanics of this process will vary slightly across Texas' 254 counties and 1,200 plus incorporated cities.
If this was a small claims case (before a JP or a Muni Court Judge), by your failure to affirmatively respond, you may have given the slippery creditor's attorney an opportunity to wait for two years, thereby creating your putative default, and setting you up for his or her motion for a default judgment against YOU.

The recent notice of a hearing may be set for the purpose of Plaintiff to prove up the amount they allege you owe!

Okay, see what you can discover by investigating the JP courts and/or muni courts in your area.

You might still have a a clever move you can make.

After you've looked into the aforementioned items, find out in what JP Place and Precinct you reside, and if you've moved, what JP Place and Precinct you resided in on January 31st of 2012.

Once you know, post back, and let this old Texas Hill Country country lawyer see if he can help you throw a monkey wrench in their clever little ploy.

Yeah, I got tricks I occasionally offer up to a few folks.
Be advised, I am not yoru lawyer, although I am a Texas licensed lawyer.
I am simply offering you information on the Texas JP Court (and general Texas civil trial) civil procedure.


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Have you received this information?

All debt collectors operating in the State of Texas must be able to verify, or "validate," any debt on which they are attempting to collect payment.

Texas Finance Code Section 392.202 requires a debt collection agency or credit bureau to provide the alleged debtor with specific information concerning their debt including but not limited to:

The name of the original creditor
The original date of default or non-payment of the debt
The date the debt was transferred from the original creditor to the third party debt collector
The original balance
The current balance
Surety bond information





OP: You need to review (or pull) your credit report over the last three years.
Not an immediate need, but at least learn how, and get ready to do so, if this ends up in court.

These debt scavengers/scammers have been known to pay 50 cents up $1,00 by money order, just before the SOL would have given you your freedom. That changes the DLA, and allows them more time to harass you into paying them. Usually, such activity is noted on your credit report.