Legal Question in Credit and Debt Law in Texas

can this be right?

i would like to find out the statue of limitation laws pertaining to the state of texas when it comes to old credit accounts. alos my husband had someone use his name to apply for creit cards back in the early 1990s he hired an attorney to help settle everything andeverythig was settled however all of this will be hitting the 10 year mark and all of a sudden out pops this collection agency called ers out of buffalo ny and well they want him to pay or else is this possible can they do this to him? i would like to also state that there is no mention of this old account in his current credit report please help me


Asked on 12/31/04, 5:42 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: can this be right?

The statute of limitations for debt in Texas is four years. That simply means that after four years the law cuts off the creditor's legal remedy. The debt doean't go away, and a collection agency can ask that it be paid. If they bring a lawsuit, you have to raise the issue of limitations as an affirmative defense. That kills the lawsuit.

The proper response is to deny the debt, inform them that limitations has run, and instruct them that there should be no further communications on the matter. That goes by certified mail.

If they pursue the issue, contact an attorney about the agency's violation of the Fair Debt Collection Practices Act.

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Answered on 12/31/04, 9:27 pm


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