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Credit Card Debt Collection issues with overdue or defaulted credit card debt.

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Old 03-27-2008, 10:24 PM
Shane321 Shane321 is offline
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Default Sued By Capital One In Texas
I just got served for a credit card debt that is 4years old. Isnt this out of the statute of limitations? Texas is 4 years. I am right at 4 years of last activity. They are suing for 2500, the limit on card was $300.

Do I need to just write a letter for a respnose to the clerk stating my case?
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Old 03-28-2008, 04:14 AM
Exhausted Exhausted is offline
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Default Re: Sued By Capital One In Texas
Yes. You need to file an answer, defenses and file it witht the clerk with a certificate of cervice and mail it to the plaintiff via "green card"-- the one where you get proof you mail and they received b/c they signed it. What was in the summons for exhibits? Were their signed contracts, copies of statments? We need details.

Good luck with CrapOne.
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Old 03-28-2008, 02:21 PM
Betty3 Betty3 is offline
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Default Re: Sued By Capital One In Texas
Yes, you need to reply to the summons in the time limit allowed or they will get a default judgment against you. If the SOL has expired, you can use that as your defense when going to court.
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Old 04-08-2008, 12:02 AM
codyaustex codyaustex is offline
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Default Worried a debt collection agency might sue me
Is it possible that the statute of limitations in Texas can be renewed if you verbally tell the creditor you will make a payment? I'm disputing a debt from over 7 years ago on my credit report. I just want this information removed from my credit.This is from an old phone bill I never paid. A collection agency contacted me about 2 years ago and I told the guy I would send a payment to get them off the phone. (I had no intentions of paying this debt at that time). I'm afraid my verbal statement might have renewed the statue of limitations and they may try to sue me because of this dispute.
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Old 04-08-2008, 04:15 PM
Betty3 Betty3 is offline
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Default Re: Sued By Capital One In Texas
codyaustex - would you please start your own new thread with your question. You added to another's poster's thread & it gets confusing when two people are asking questions under the same thread. Thanks.
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