Legal Question in Credit and Debt Law in Texas

collection suit

I was recently notified that I am about to be served by Dillards Dept store for a revolving credit card account that was charged off and is over 8 years old. It is no longer on my credit report. My question is, if the statute of limitations is up on this account for collection (I understand in Texas it is 4 years) can I counter sue Dillards for trying to file suit against me? I've not been served yet, so I also am wondering if I avoid being served if a judgement can be filed in absentia?


Asked on 3/05/03, 8:53 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: collection suit

Avoiding service is not smart. If they can't find you, all they have to do is publish notice in a paper that's published where they figure you live, and they've gotten good service. Then you're a target and don't know it.

If limitations has run, and they serve you, get hold of an attorney that understands the Fair Debt Collection Practices Act. You have both an excellent defense, plus a solid counterclaim.

Read more
Answered on 3/05/03, 10:58 pm


Related Questions & Answers

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