Legal Question in Credit and Debt Law in Texas
Cedit card suite statue of limitations
I was mailed a law suite that was filed against me. The law suite is on a credit card. A collition agency is filing the suite. They have the wrong acoount number listed, the last payment I made was 2/14/04 (I have the paid check) and they filed the suite 3/25/08 (after the statue of limitation. I called them and they said the last payment recieved was Sept 04. I had a banck account with the bank that issued the credit card account but clsoed the bank account 8/24/04.
My question should I get an attourney even though I have not been served papers and can the suite be dismissed becuase of the inaccurate act number. They are suing for over 13,000 and they show the balance written off by the bank was 3100 and they credit bureau showed the collection agency listing the debt of 3100 in Sept 2007. What advise can you give me?
3 Answers from Attorneys
Re: Cedit card suite statue of limitations
From what you have stated, it appears that you have a valid affirmative defense and potential counter-claim. You should seek the assistance of a law firm to further these actions. If my law firm can assist you with this legal issue or any other legal matter, please contact my legal assistant Jennifer ([email protected]).
Re: Cedit card suite statue of limitations
I highly recommend you hire a consumer attorney to represent you. You should be able to get the lawsuit dismissed or resolved in your favor and you may also have a claim back against them for filing a suit outside the statute of limitations - that is a violation of the Fair Debt Collection Practices Act. Go to www.naca.net and find a consumer attorney in your area.
Re: Cedit card suite statue of limitations
Of course get a lawyer..you may have a valid counterclaim for damages
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