Legal Question in Credit and Debt Law in Texas

Statute of limitations on debt

I found out yesterday that I am being sued in small claims court for a 7-year-old-debt.

I had some dental work done in 1996, I paid what they told me my share was, and I haven't heard from them in years, until yesterday when I got a summons.

Texas Statutes: Civil Practice & Remedies Code: Chapter 16, ss004 suggests to me that their lawsuit is not actionable, due to a four-year statute of limitations. Am I understanding this correctly (and citing the correct law)? And should I mention this in my response to the summons? I have until 10:00 AM May 5 to respond.

Thanks for any help offered.

Kevin


Asked on 4/24/03, 4:05 pm

1 Answer from Attorneys
Basil Hoyl Law office of Basil Hoyl

Re: Statute of limitations on debt

At a minimum, an answer to the claim should state the plaintiff's claim is barred by the statute of limitations and should mention every statute of limitations which might apply, be it a 2 year statute or a 4 year statute. You should also object to any evidence and testimony based on the statute of limitations.

http://www.reasonable-doubt.com

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Answered on 4/24/03, 4:10 pm


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