Legal Question in Consumer Law in Texas
Credit Card Issue
I am in Tx. I had a $300 credit card. They charged a fee that sent it over the limit and snowballing. I settled with them. I heard nothing for years. Now I'm told to provide another company with $2000 or they will sue. I can't find the old records. I will pay it again in payments if I must. The house is in my ex-spouses name, because I couldn't refinance it even though the divorce says I can have it. Can this company take the house? I paid the debt, but may not be able to prove it.
1 Answer from Attorneys
Re: Credit Card Issue
Homestead is exempt from garnishment from creditors. Statute of limitations is 4 years for suit on a debt. Statute may have passed. Even if it hasn't, they probably cannot prove up the debt either. Many credit card companies and collection agencies are filing suits when they don't have the documents to prove them. It is defensible if you hire an attorney experienced in defending them.
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