Legal Question in Credit and Debt Law in Texas

Time limit for collection

Just got off the phone with a collections agent re a credit card. I haven't made a payment on the account since sometime in 2003 but he said the account wasn't officially ''charged off'' by the bank (I guess they used their own internal collections) until 2006. He claimed that the statute restarts when the accounted is charged off and then will restart every time it is sold/transferred to another collections agency!! I thought it started to run once the account was past due.

Also, he said that the record shows that a payment was made in 2006 when the account was with a previous collection agency. IMPOSSIBLE! I'm thinking someone put that on the record to keep the statutue going.

What is the rule about the beginning of the statute and how to I protect myself against this fake payment?


Asked on 2/22/08, 11:04 am

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Time limit for collection

Everything that guy said was a lie and a violation of the Fair Debt Collection Practices Act. Tape him next time. You only have to have one person's permission and you have your own. SOL is from last activity. Get a good lawyer. Good Luck.

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Answered on 2/22/08, 11:32 am
Donald McLeaish McLeaish&Associates;, P.C.

Re: Time limit for collection

classic bad debt collection..No..it starts if you make a payment..and ask for his comments in writing..or record the collector

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Answered on 2/22/08, 11:32 am


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