Legal Question in Credit and Debt Law in Texas
Medical Collections
My wife has about $8700 of medical debt on her credit report. We have not made a payment since 04/01/2004, and I understand the statute of limitations in Texas is 4 years. I am about to receive some money to start up my business, but I am worried if I put it in out joint account they might decide to sue us and levy the bank account. Should we call and work out payment arrangements or risk it and wait 1 year and 1 month for the statute to expire. Also, we have received nothing from them since we moved. Do they have to send us a summons to sue us, or could they sue us without us receiving anything?
1 Answer from Attorneys
Re: Medical Collections
If you moved and didn't let them know your new address, they may sue you and serve you by publication in a newspaper of general circulation in the area where you are believed to reside. They can then take a default judgment against you, which you'll have to contest once you find out about it.
They can go after your accounts and your business interests, since the debt is a community debt.
You are far safer working out a payment arrangement, than seeing if you'll have the defense of limitations if they sue you. That's a choice based upon economics and tolerance for risk.
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