Legal Question in Credit and Debt Law in Florida
Civil Lawsuits - Credit Card debt
I was contacted by Debt Enforcement Bureau regarding a credit card debt for $1076 threatening a civil suit. The debt was charged-off in Sept 2001. What are my right? The gentleman on the phone was threatening to send a deputy to serve me with papers. The letter states that if a lawsuit is filed, it will be handled by an Attorney in your State.
1 Answer from Attorneys
Re: Civil Lawsuits - Credit Card debt
How old is the debt? The statute of limitations for filing suit on a debt in Texas is four years from default. You don't have to deal with a debt collection agency. You can tell them to stop calling you. Under the Fair Debt Collections Practice Act, you do not have to deal with a collection agency. You can send a cease and desist letter telling them to cease any and all communication with you. Although, technically, the collection agency could file suit against you, as a practical matter, most collection agencies do not file suit. In Texas, there are many protections for debtors regarding their assets so creditors know filing suit will not necessarily get their debt collected. If you are sued, you will have an opportunity to negotiate an agreement. Or, once you send the cease and desist letter, send a copy to original creditor and then contact original creditor and try to work out an agreement with them now.