Statute Of Limitations On Debt Collection

Dark_ale · #1 03-21-2008, 01:40 AM

Being sued in Texas for a Debt over 4 years old.
I am being sued by LVNV for a debt I believe is over 4 years old. I am just trying to understand what I need to prove its over 4 years old.
I called the original company that had the card and all they would tell me is that the last payment made was Jan 29, 2004 for the amount of $19.00.
Then sometime after that it was sold to LVNV and that is my understanding now. Since the last payment was Jan 29, 2004 since there was no activity, would'nt the 4 years start after I defaulted 30days later? When does this time frame start? Anyway the original holder of the card would not send me any proof(other than verbal) of when the last payment was made or when the account was sold. I have read awful things about LVNV and refuse to be bullied by these people. I feel they are relying on people being scared and paying the debt or afraid of going to court. I was served a few days ago and will file my answer letter in court tomorrow. Anything anyone can help would greatly be appreciated.
Thanks in Advance!

RSB · #2 03-21-2008, 11:28 PM

I am not an expert, but I do think the SOL has expired.

Dark_ale · #3 05-15-2008, 12:17 AM

I wanted to post an update for those of you who may be in the same position that I am in. You may already know what I have to say but take it for what you will. I was served, there is no doubt that this debt is over 4 years old, which in Texas the Statute of Limitations has Expired. Despite my efforts to obtain proof of This Debt from LVNV, They have failed to give me anything. The answer I got from them was that My time was expired to obtain that info from them and my choices were to settle or go to court.
If you are served be sure the respond to the court with an answer letter withen the time allowed that you are contesting the debt and you will be contacted with a court date, thats what has happend to me so far. Well, never ever settle with anyone that has failed to provide you with proof. We all know from the Net and reading thread after thread that LVNV can be dirty and in my own opinion they rely on scare tactics with legal jargon that for most people can be Scary. Right now I cant figure out how I will provide my proof that this Debt is over 4 years old, BestBuy wont give me any info other than a verbal on the phone when the last payment was made.
So I am going to court relying on them to prove that I owe them. If things get above my understanding or I feel bullied I will simply ask the Judge for a continuance while I seek legal representation, if he says no and I loose, I will appeal, but you only have a certain amount of time to do this. Thats my plan. I go to court in 5 days on the 20th. If anyone has anymore advice for me please give it..... If anyone is interested in the outcome I will post it.

Betty3 · #4 05-15-2008, 06:29 PM

The "creditor" suing you can be made to prove in court that you made a payment & that the SOL has not elapsed. They can be made to come up with payment date, payment method (ie check with ck. #), etc.

They can also be asked in court to prove that they bought the debt from the original creditor & that the original creditor is out of the picture - that they are the ones the money is now owed to & not original creditor.

You are correct that the SOL on this debt is 4 years in Tx.

aaron · #5 05-15-2008, 07:41 PM

The statute of limitations is an affirmative defense, meaning the defendant has to establish in court that it has run. (The defendant can generally engage in discovery to get an accounting of the debt from the plaintiff, which can establish the date of last activity.)

Betty3 · #6 05-16-2008, 01:09 AM

Right, the debtor has to put in their answer to the summons that the SOL has elapsed & then they can use that in court as their defense. The creditor, from what I understand, can then be made to prove (though indirectly) that it hasn't elapsed - show evidence that there was a more recent payment. It would be done through discovery by debtor so technically the debtor/defendant would be the one proving that it has elapsed if there is no payment since SOL elapsed.

Dark_ale · #7 06-02-2008, 01:08 AM

Ok here is the update, I showed up to court, LVNV did not. The judge dismissed the case. A few days later I recieved a letter in the mail from LVNV that they had made an administrative mistake and thats why they did not show up to court. I believe they are trying to appeal or get another court date set. Now I am just waiting to see what happens next. They did all this work, served me the papers a court date was set and they don't show up, its very frustrating. For sure, the Debt is older than 4yrs, I am in texas, but the original debtor will not send me any documentation. I was able to call them and the original debtor verbaly told me on the phone when the last payment was recieved. Any ideas on what I can get or use to prove the age of the debt. I will try to follow up with the court Tuesday and post an update. Thanks for all the replies and help