Legal Question in Credit and Debt Law in Texas

Four years and 30 days SOL
I received a Request for Admissions & Disclosure indicating that I am being sued for failure to make payments on an account. The suit states the last payment was made on the account 5/22/02. Attached to the suit is an affidavit of account stating that the statute of limitations has not run out (signed in March of 2006). The suit was not filed until 6/13/06. That is past the four years SOL. I responded and informed the Plaintiff that I had never heard of the Plaintiff and do not think that I owe them a debt. I also stated that it is after the SOL. Last week I heard that the actual SOL on this could be four years and 30 days after the last payment. Which would mean the suit was filed 9 days before the SOL would have run out. I do not have the money to hire an attorney, and I don't know who the Plaintiff is, or what the debt is for. Is the SOL four years from last payment date ? The court date is next Monday & I am panicing.

Asked on 11/06/06, 7:38 pm

Peter Bradie Bradie, Bradie & Bradie

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Re: Four years and 30 days SOL

The SOL starts on the date of default. If a payment was made 5/22/02, then presumably the next payment due (the default) would be 6/22/02.

Answered on 11/13/06, 5:12 pm

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