Legal Question in Credit and Debt Law in Texas

Re: Collection attempt on a 15 year old debt

First rule: Do not believe anything a debt

collection agency tells you. I am in favor of

people paying their debts, don't get me wrong.

But do NOT take legal advice from a collection

agency who (a) are not lawyers, and (b) are not

on your side. The collection agency's job is to

jawbone you into paying any way they can.

Second, under Virginia law, there is absolutely

no question that this debt is BARRED by the

statute of limitations. The longest SOL is 5

years under Virginia law. My Texas colleagues

tell us that in Texas the Statute of Limitations

is 4 years.

However, under Virginia law it IS allowed for a

creditor to file a lawsuit even outside the

statute of limitations. I have filed dozens of

lawsuits that were more than 15 years old, when I

worked for a law firm, under strong pressure

from a partner. That was one reason why I

decided to change jobs. I brought a toothbrush

afraid the judge was going to throw me in the

clink. However, no one showed up and we got

dozens of court judgments between 10 and 15 years

old, and I got a lot of dirty looks from the

judge. But we got the court judgments.

Under Virginia law, you must SHOW UP and OBJECT

before the statute of limitations has any effect. If you don't show up and object, the

statute of limitations has *NO* meaning at all.

So, if they sue you in Virginia, and you fail to

show up, YOU LOSE, even though you could have won

by just showing up and objecting based on the

statute of limitations.

This is why they are going to try to annoy you

and harass you until (they hope) you will pay.

But if they try to sue you, they will lose.

WARNING: Make sure they have your correct address

because if they send the lawsuit to the wrong

address, you could fail to show up without even

knowing that there was a court date.

ALSO, beware about making any promises to pay

in writing. If you promise to pay in writing,

the statute of limitations starts all over again.

Now, question is: DOES Virginia or Texas law

apply? If they bring the lawsuit in Virginia,

the substantive legal rights arose in Texas.

Texas law would apply. However, on the statute

of limitations there is a special rule that says

the court will apply the SHORTER of Virginia or

Texas (any other state)'s statute of limiations.

Re: Collection attempt on a 15 year old debt

It is way beyond the statute of limitations for them to file suit. It is also way beyond the time when it can be reported on your credit report unless you make a new agreement. It can be reported on your credit report for seven years from the date of last activity. Statute of limitations for suit to collect a debt is four years. Tell them to pound sand.

Re: Collection attempt on a 15 year old debt

Let me amplify just a tad on Ms. Campbell's answer; tell them by certified mail, return receipt requested.