Legal Question in Credit and Debt Law in Texas
Old Credit card collection
My wife was contacted about an old credit card debt (1999). We were told they have been trying to find her all this time, and now they have given the case to the court to collect. The original amount was 3,000$ and they are stating that we owe them 6,000$ because of court costs, and this can go up to 10,000 if we do not settle this immediately. they are threatening Wage garnishment, putting a lean on our new home, and other possible forms of collection. We have offered to start paying small amounts, but they are not accepting anything under 500$ a month.
Can they legally put a lean on the house, etc? They are also threating to summon us to court. What is the best course of action?
3 Answers from Attorneys
Re: Old Credit card collection
Request a copy of the debt or judgment or whatever piece of paper they are using to establish the debt. If it's more than 4 years old, they can't sue on it (summon you to court). Ask how and where they're going to do that. They can't garnish your wages in Texas. Ask how they are going to do that. If they have a judgment from UT or wherever, ask them how they are going to collect it in TX. Give 'em a little hell. Good Luck.
Re: Old Credit card collection
If the debt defaulted in 1999, the statute of limitations (4 years) has run. Hire a consumer lawyer to represent you; not only should you be able to prevail but you have a claim against them for filing a case outside the statute of limitations.
Re: Old Credit card collection
No...and do not pay anything as that could renew the debt..this is classic violation of fair debt collection law.
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