Legal Question in Credit and Debt Law in Texas

being sued for credit card debt

date of first delinquency 09/2004, last payment 08/2004... i live in tx, which statute of limitations is 4 years. the papers, for court was filed dec. 2007, but where just delivered, by drop off, not signed for on oct 20, 2008. i have 20 days to respond. since case has not been heard is the SOL in effect, to resond to the court.


Asked on 10/27/08, 11:00 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: being sued for credit card debt

Interesting question. As a general rule the filing of the lawsuit in December 2007 was within the statute of limitations. If the debt is large enough, it might be worthwhile to have it reviewed by an attorney. If you were in the state, and were easily located, it might raise the issue of due diligence in effecting service. Some caselaw exists to support the position. (Especially if there has been a previous DWOP and reinstatement of the case prior to service).

Read more
Answered on 10/27/08, 1:04 pm


Related Questions & Answers

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