Statute of Limitations

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alfie627

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Hello,

I had a credit card back in 2003 the date of last payment on this card was December 31, 2003. No additional payments, partial payments or promise to pays have been made with the creditor Cap One. On August 22, 2007 Cap One filed with the county court to have a judgement brought against me. Now 2 years later, I have spoke with the clerk at the court house, and obtained a copy of the court records and there is still no judgement awarded or dismissed. The case has been sitting in limbo for 2 years. The only activity was a new attorney being placed on the case by Cap One. The statute of limitations in TX is 4 years from date of last payment. My question is can this lawsuit be dismissed since now the SoL has expired? Or does the SoL not apply due to the paperwork being filed prior to the expiration of the SoL? In other words can they go into court tomorrow and proceed with this judgement?

Thank you
 
The Statute of Limitations would not apply because they filed the case. However, a case can not sit in limbo unless you let it. If they have failed to prosecute it you can file a Motion to Dismiss for failure of prosecution and the Judge will dismiss it. Then they would be barred from any new complaint by the SOL.

I'm a bit confused by your post. Did they serve you a complaint? Did you Answer the Complaint? Did you go to court? What do you mean by, 'Cap One filed with the county court to have a judgment brought against me'?
 
They did serve me a complaint, I did not answer or appear.

They filed a motion to recieve payment for a credit card that I defaulted on.

What do you me by failure of prosecution?
 
If they served you a complaint and you did not answer they probably filed for a default judgment. Why they have not been granted one I do not know, but they will be granted one most likely if they press for it. You will not be able to fight this.
 
Even though they are waiting 2 years and this case has just been sitting in court, there is nothing I can do?
 
You failed to Answer. As I understand it they have asked for a default judgment against you. I'm not sure why the judge has not granted one or why they have not pushed for one. If I were you I would leave it alone. If you failed to answer you are stuck, but as long as they have no judgment you are in the good. Leave it alone! :) The Statute of Limitations is not an issue. What are you trying to get accomplished? Do you want to pay it off? Settle it? or just try to make it go away?
 
It isn't going to go away until you pay it. Make them a small settlement offer to settle it to a zero balance.
 
It won't go away. When you failed to answer they should have gotten their judgment. If you have the case number, which you should if you had been served papers, go down to the records division and get a copy of all documents on file.
It looks like they filed just before the limit, but if for some reason they have not been awarded the judgment by now... it wouldn't hurt to argue the statute of limitations if you end up back in court.
You need to find out for certain what is on file with the court.
 
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