Legal Question in Credit and Debt Law in Texas

Collection response discrepency/old debt

I read several of the answers to people with old debts & collection agencies making contacts a decade+ later. I'm confused by the conflicting advice: some say contact w/in 30 days to preserve rights, others say ignore due to statute of limitation. Which is better? My ex & I had a mobil home repo'd 15 yrs. ago, which he kept upon divorce. I recently received a letter demanding payment. I told the original lender years ago it wasn't my debt, but now it's been assumed by a collection agency. It came and went off my credit report years ago. What should I do? It's not my nature to do nothing...


Asked on 8/12/03, 5:39 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Collection response discrepency/old debt

A debt never really 'goes away'. Limitations just means that they cannot take it to court. The mobile home was a community debt, so without regard to what was said in the divorce decree, both you and your ex were liable for the note. The note may still have payments due if the term was for more than 15 years.

Write back to the agency, certified mail, stating that so far as you know, your ex defaulted on the note and limitations has run. State in the letter that they are not to bother you about the debt, either by phone or in writing. That will usually make them go away.

Read more
Answered on 8/12/03, 6:01 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Texas