Legal Question in Credit and Debt Law in Texas

Charge Offs

I am being contacted by a company called NCO Collections on a an old debt dating back to 1999 during this time I have not heard from anyone about this now NCO is calling me about my old auto loan that was done as a charge off this is the first I am hearing of it it will be 7 years since I returned the car to the company I purchased it from it was not repoed I could not make the payments so I returned it on my own sounds odd but legal in a sense, it will be 7 years in December of this year I have a current copy of my credit report and it does not show this car as even being listed on it so I thought it was clear by this time. can someone tell me what rights I might have in dealing with this collection agency and can they force me to re pay a certian amount? in Texas the statue of limitations is 4 years. Please help me I would really appreciate it so much.


Asked on 5/11/06, 11:58 am

2 Answers from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Charge Offs

The statute of limitations for suit on a debt in the state of Texas is four years, so you have no legal liability for this debt. A debt may be reported on your credit report for seven years from the date of last activity. It sounds like it should not be on your credit report at this time. You can send a letter to NCO telling them to cease and desist from any and all communications with you regarding this debt. NCO has no legal remedy against you - its beyond the time they can file suit and after December, it can't be reported on your credit report.

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Answered on 5/11/06, 3:44 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Charge Offs

Write to them, certified mail, denying the debt and stating that limitations have run. Also state that any further attempts at collection will be a violation of the FDCPA.

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Answered on 5/11/06, 3:45 pm


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