Legal Question in Credit and Debt Law in Texas
Being sued by a debt collector
Hello, I was just issued civil court papers notifying me I was being sued. I have 10 days to reply. What happens if I ignore the papers. I'm not worried about bad credit (can't get any worse) but if I do not show up to court and the court rules in favor of the debtor what is in store for me? Will I actually have to pay and if I ignore that will it become criminal since it went through the court system? More info: balance suing for $4,503.00 plus court cost plus accruing interest at 29%. Open date on account 11/22/02 and last payment was 04/07/03. I did some research and I found out about time-barred debts in Tx is 4 years but, does that start when I made my last payment, not looking like it from what I can tell. Please help me. I'm in nursing school with 2 years to go, big fat loans, and not presently working. Thanks!!!!!
2 Answers from Attorneys
Re: Being sued by a debt collector
A civil complaint doesn't become criminal. However if you ignore the 10-day deadline, they can take a default judgment against you for the whole amount.
The statute starts on the date you defaulted; that would be 30 days from the date of your last payment.
See Mr. Grissom's answer concerning pleading limitations.
Re: Being sued by a debt collector
Your statute of limitations defense is something that has to be stated in writing and proven with facts. The judge will not refuse to grant them a judgment just because their papers would show a defense. It's up to you to raise it. If you don't know how to do this, you need an attorney.
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