Being Sued by Credit Card Debt/Possible Judgement

fc04735 · #1 10-30-2008, 12:07 PM

My question involves collection proceedings in the State of: Texas
Hello, I am a new member of this site, and it is because I am getting sued/served yesterday at my home due to a Credit Card debt that has been Charged off but was bought by one of those companies that continue the harrassment(Arrow Financial Services LLC). I believe the SOL has expired on this debt, I have not made a payment to the original creditor since 2003, & I believe it was Charged off in 2003. I want to submit an answer to the court to have it dimissed, what else do I submit with my answer a copy of my credit report?? The state I live in is Texas, I really can not afford an attorney, so I would like to do this myself, but I would need some very good advice and what documents do I need to include. thanks

SaM5246 · #2 10-30-2008, 06:21 PM

Quoting fc04735

My question involves collection proceedings in the State of: Texas
Hello, I am a new member of this site, and it is because I am getting sued/served yesterday at my home due to a Credit Card debt that has been Charged off but was bought by one of those companies that continue the harrassment(Arrow Financial Services LLC). I believe the SOL has expired on this debt, I have not made a payment to the original creditor since 2003, & I believe it was Charged off in 2003. I want to submit an answer to the court to have it dimissed, what else do I submit with my answer a copy of my credit report?? The state I live in is Texas, I really can not afford an attorney, so I would like to do this myself, but I would need some very good advice and what documents do I need to include. thanks

Get a copy of your current credit report, look at when the account was opened and when the last payment was made. Then search for the statute of limitations for collecting on a debt in Texas. If it is in fact past the SOL just tell that to the judge and you should have no problem getting it dismissed. Just remember that the SOL varies on the type of debt it is within the state.

Mr. Knowitall · #3 10-31-2008, 05:42 AM

You will want to formally raise the statute of limitations as a defense (along with any other affirmative defenses you have) when you answer the complaint. You should expect to have to bring a formal motion on the issue of the statute of limitations, not merely "tell the judge". Take a look at the Texas Rules of Civil Procedure.