Legal Question in Credit and Debt Law in Texas
"The Texas Civil Practice & Remedies Code provides a 4-year limitations period for types of debt. The SoL begins after the day the cause of action accrues, (Section 16.004 (a) (3))." ...("SoL begins after the day the cause of action accrues") -- Would this be the open date of the credit card account??
2 Answers from Attorneys
no..it''s the last payment made or use of the card..either one..
Some courts have stated it begins on the 1st day after your last payment was made; others have stated that it begins the day after you fail to make a payment on its due date. Other factors could affect whether the statute of limitations is revived, i.e. whether additional charges were made on the account, whether payment arrangements were entered into, whether you made other statements or admissions to the card company and/or their assignors, etc.
Also, pleading the statute of limitations is an affirmative defense, which means that if you are sued by the creditor, the burden falls on you to prove that the statute of limitations applies, not to them. In any case, I highly suggest you contact a competent lawyer to discuss your situation.
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