Credit card company is suing me

[jwb]

I have been notified by a local atty. that has searched the civil database in my county and found a suit has been filed against me so he sent me a letter offering to help me by filing BK. So I went to the courthouse site and searched my self and indeed there has been a law suit filed. my question is the following.

I know for a fact that the statue of limitations on this debt is beyond 4 years which is the statue here in Texas. So how is it that they can sue me knowing the SOL is up? Also, what do I need to do in order to have the law suit dropped or disposed?

TIA...

jwb

[seniorjudge]

Standard answer on expired SOL (statute of limitation) and/or validation and/or dispute letters. There are thousands of posts similar to yours on this forum so I have prepared a standard answer.

SOL (Statutes of limitation are DEFENSES to lawsuits; they do NOT provide a method to stop someone from suing you. This defense means when they sue you, you answer with the defense that it is barred by the SOL.)

http://www.bcsalliance.com/y_debt_sol.html

http://www.fair-debt-collection.com/...te-letter.html


Validation letter samples you can get at :
www.creditinfocenter.com
and www.creditboards.com

Make sure you ask for VALIDATION (and do not accept verification).


Disputes: You can write a letter of dispute to the three credit reporting agencies.

Go this website to find instructions and samples for how to dispute: http://www.creditinfocenter.com/creditreports/

Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

I am NOT a creditor-debtor lawyer; stand by for further help.

I am NOT vouching for the accuracy of these websites!

Debt settlement:

http://forum.freeadvice.com/showthread.php?t=293829

[Mr. Knowitall]

It's obviously way past the point where a letter demanding validation will do any good - the lawsuit has been filed.

You need to file an answer to the complaint asserting the statute of limitations as an affirmative defense.