Legal Question in Credit and Debt Law in Texas

I quit making payments on my credit card in May of 2005

An attorney sent me a letter in the mail informing me of a lawsuit that had been filed on March of 2009, he was wanting to defend me.

In the letterthat he had sent, the case number was listed, so I verified it online and it was true.

Over the next 12 months I had knocks on my door from unexpected guests, which I never answered.

When ever I would look outside I would see a man leaving with a white envelope in his hands.

Apparently they were trying to serve me, but their attempts all failed.

Several days ago I decided to go online and check the latest status of the lawsuit.

It was listed as being dismissed as of November 2010.

So now my question is can they re-file again and if so is there a time limit as to when it has to be filed.?


Asked on 6/20/11, 4:48 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

The lawyer who sent you the letter is guilty of SOLICITATION. The State Bar doesn't allow this.

This creditor sued you at the very end of the 4-year statute of limitations. ARGUABLY, he could re-file, and claim that he exercised some kind of due diligence, and that you shouldn't be rewarded for evading service ... he probably won't.

Read more
Answered on 6/22/11, 6:25 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Texas