Legal Question in Credit and Debt Law in Texas
Car repossession in 2000
I voluntarilly gave up a car in 2000. I recieved a call last week that they are filing felony charges on me for the amount owed, which is 1800.00. Can they do this to me?
2 Answers from Attorneys
Re: Car repossession in 2000
No. Make sure you have documentation of the voluntary repo. A recording of the next threat of criminal charges would be valuable and profitable for you.
Re: Car repossession in 2000
No. It is not a crime not to pay a debt. And, the statute of limitations for suit on a debt is 4 years so it is too late to sue you for the debt. To threaten criminal action to try to collect a debt is a violation of the Fair Debt Collection Practices Act. You have a cause of action against the collector who made the threat. It is legal in Texas to tape telephone conversations without telling the other party and the tape can be evidence.