Legal Question in Credit and Debt Law in Texas
Collections
If regular payments are being made and a balance has been brought down from $14000 to $1800 from 2006 to date can the creditor threaten a law suit for the remaining balance, court fees, etc.
1 Answer from Attorneys
Re: Collections
Although you have made tremendous strides in reducing this debt, as long as there remains an outstanding balance on the account, and it is not current, the creditor can threaten to sue. It does not mean he will prevail (although he might).
The generally accepted train of thought is that the statute of limitations is tolled by payments made on the account.
There is a minority opinion, with some legal credence, that holds that once the debt matures, the statute begins to run, and activity on the debt does not restart the statute.