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
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