Legal Question in Credit and Debt Law in Texas
Statute of Limitations on credit card debt - MO
I have a credit card obligation that I ran up while living in Texas from 2001 through 2005. The last payment was made 12/2003; it was charged off first on 5/2004 then shows again as charged off 6/2005. I have since moved to Missouri and I'm now getting collection notices for this account. I filed bankruptcy 11/2004 in Texas and foolishly did not include this account in the filing, so have a pretty crummy credit score right now and I'm not worried about a ''charge off'' on my credit history.
I AM worried about a lawsuit, lien or garnishment on my current salary - I'm just beginning to get my life back together and don't want this haunting me.
When does the statute of limitations expire on this debt? Am I best to just continue to ignore the collection letters? Can they ''restart'' the statute of limitations again on 6/2005 by again claiming the account is in ''charge off'' status? Or is that just when they sold the account to the collection agency (so far, I have not called, written or spoken to the collection agency).
Any assistance would be MUCH appreciated - I'm in a quandry - I'd like to pay the account, but can't afford it while getting back on my feet...help!
Thanks!
1 Answer from Attorneys
Re: Statute of Limitations on credit card debt - MO
The statute of limitations in Texas is four years from the date you defaulted in payment. It's five years in Missouri.
It might be worthwhile to contact your bankruptcy lawyer and see if the account could be added after the fact.