When Does A Cause of Action Accrue in Texas

htowncliff · #1 05-16-2007, 04:26 AM

I'm having an issue with Capital One. The date of my last payment for the account exceeds 4 years--the SoL in Texas--by a considerable time, but Capital One didn't officially "charge off" the account until several years ago.

Can anyone tell me when the "cause of action" begins "accruing"?

GreatGadsby · #2 05-16-2007, 09:45 AM

a cause of action accrues when the contract is breached. typically when the payment was due and not paid.

this can be further complicated for SOL purposes if any partial payments were made later.

when Crap 1 charged off the account is irrelevant for SOL and Credit Reporting purposes.

seniorjudge · #3 05-16-2007, 10:03 AM

Quoting htowncliff

I'm having an issue with Capital One. The date of my last payment for the account exceeds 4 years--the SoL in Texas--by a considerable time, but Capital One didn't officially "charge off" the account until several years ago.

Can anyone tell me when the "cause of action" begins "accruing"?

Why are you asking this question?

htowncliff · #4 05-17-2007, 04:40 PM

Quote:

Why are you asking this question?

I'm being sued. I believe the petitioner has incorrectly stated the date of my last payment so that the SoL will not have run....

htowncliff · #5 05-17-2007, 04:41 PM

Quote:

a cause of action accrues when the contract is breached. typically when the payment was due and not paid.

this can be further complicated for SOL purposes if any partial payments were made later.

when Crap 1 charged off the account is irrelevant for SOL and Credit Reporting purposes.

Thank you, that's what I wanted to know!