Legal Question in Credit and Debt Law in Texas

length of judgement

in 1991 I signed as the pres of a small business, that was incorp in Florida, for the purchase of a truck. at the time I never knew I was shown as the guarentor. The person I did this for left the truck, and in Jan 1992 they repoed it. they then told me I was responsible for the difference in the amount, which was suppose to be about 12,000. at the time I was a new housewife and did not have income, and still am. my husband in the last 4 years now has been buying old houses, spending every dime he makes and fixing them up for rentals. we dont have much but the homes are in both our names. today May 2, 2003 I recieved a letter from a collection place that has bought that debt and says they are going to proceed with legal actions to get the money, and I fear they will try and take my husbands homes, and it was nothing to do with him. The debt is not in my married name, and is never been anything to do with my husband. this is the first time in over 10 years anyone has even contacted me, so I have no idea what my rights are. I have never paid on it, couldnt anyway, had 4 kids to raise since then. Please let me know what I am to do.

thank you'


Asked on 5/02/03, 2:01 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: length of judgement

First off, write to them disputing the debt and ask for proof. See when the truck was repossessed. Suit for a debt must be brought within four years from when the debt was due and payable, and in default.

If you are contacted by a local attorney, you'd best contact a lawyer yourself, that is familiar with the Fair Debt Collection Practices Acts.

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Answered on 5/02/03, 4:53 pm


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