Legal Question in Credit and Debt Law in Texas

Mobile Home Issue

In May of 2002 I stopped making payments on my mobile home loan, in July of 2002 I did a voluntary repossession, which my credit report verifies. After the July phone conversation with the lender, I haven't heard from them, until December of 2005, and that was from a new assignee of the note. They reportedly sold the home for $500 in December of 2002, and are now saying I owe the remainder of the $37K of the note. I was never served with a suit, that I know of, and can't find any evidence that there was a judgment against me, so can they still file a suit against me? Does the SOL run out in 4 years from the default which would be 05/02 or from when they sold the home which is 12/02, and either way wouldn't the statute have run? Would it be a good idea to request a validation of the balance from the now 3rd debt collector who is calling me?


Asked on 2/06/07, 10:24 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Mobile Home Issue

It appears the SOL started to run in May, 2002. That will bar suit in Texas under Texas law. Depending upon your contract, they may be able to invoke the law of a state that has an SOL longer than 4 years.

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Answered on 2/06/07, 5:09 pm


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