Legal Question in Credit and Debt Law in Texas

lawsuit/ statute of limitations

credit report states debt was charged off; is 'date closed' same thing as date of charge off? Date closed:8/2002. Isn't this lawsuit past the sol? The lawsuit was filed 12/27/06. ( another credit report says charge off as of 12/2006). have submitted letter of general denial; opposing counsel 'willing to ''discuss payment plan'' before any action has to be taken; no attorney here is interested in this case; If this lawsuit is illegal, how should I handle it? bring it to their attention, letting them know we are aware of the sol? If it goes to court, with no one to represent us, how should we plead this to the judge? I really want them to drop this lawsuit; if they don't, are we within our rights? I read where they cannot sue if it's past sol.


Asked on 1/29/07, 2:28 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: lawsuit/ statute of limitations

The SOL starts to run on the date you defaulted on the debt, which is obviously before the date of charge-off. The petition, on its face, shows that the SOL has run. The SOL is an affirmative defense and has to be pleaded. Amend your answer to a general denial plus the affirmative defense of limitations, and point out how the court can see that.

You might consider a counterclaim (there's a small filing fee for that) stating that filing a claim barred by limitations on its face is a violation of the Fair Debt Collection Practices Act, and plead for statutory damages of $1,000.00. Make sure you send a copy of your pleadings to opposing counsel by certified mail, return receipt requested.

Your letter should be styled, "Defendant's First Amended Answer and Counterclaim".

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Answered on 1/29/07, 11:38 am


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