Legal Question in Credit and Debt Law in Texas
Statute of limitations for theft of services
I work for a place that uses rental agencies. I rented personally from a rental agency over four years ago and thought the bill had been settled. Recently discovered that it had not been settled. I have been informed from a collection agency that it had to be settled by a certain date or they would file theft of services charges against me. I am not able to remedy this bill by that date. Also the original bill was for $90.00 and now the total bill is $165.00. Can they charge me with theft of services even after four years has passed and do I have to pay the additional fees?
1 Answer from Attorneys
Re: Statute of limitations for theft of services
Threatening criminal charges to collect a civil debt is a clear violation of the Fair Debt Collection Practices Act, both state and federal. The statute of limitations has run on the civil bill, so their threat is a second violation of the FDCPA.
If credit was extended for the services rendered, (pay the invoice within 30 days, etc.) then the matter is purely a civil matter and no criminal charges would be pursued.