Legal Question in Credit and Debt Law in Texas
creditor
if a third party credit card collector sues me, and the statue of limitations has expired, according to my records, do they have a burden of proof to hand over records frm the original lender indicating their claim is within the statues of limitations? can their word win the argument?
The original cerditor purgred all documents after the paper sale of my acoount, I find this suspect. Is there any protection for my challange? (texas)
1 Answer from Attorneys
Re: creditor
The statute of limitations is an affirmative defense; you admit the debt but action is time-barred. You have to prove limitations.
A credit report should show the last date you paid on the account in question, and the citation shows when they filed the lawsuit. Add 30 days to the date of last payment to start the clock, since that's when you defaulted on making payment.
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