Attorney Requesting Court Date

My question involves collection proceedings in the State of: Texas I was just notified by mail from an Attorney that they were requesting a court date for a credit card debt. I hired an attorney for this case four years back but all he did was take my money and then told me he and this attorney worked well together. Long story short we got no where and I could not pay his fees anymore so now I am on my own. My question is the last payment activity from me on this account was Febuaray 2006. I have not paid any money to credit card company or thier attorney. In Texas my understaning is the SOL is 4 years. Should I go to court and take my last statements from this company that clearly show when last activity was? Has my past attorney hurt me. Or do I need another attorney to represent me.

This sounds like a scare tactic from a creditor; just because they said they were requesting a court date doesn't mean they will. In fact, until you receive a summons you shouldn't worry about it. If you do receive a summons you'll need an attorney who handles debt cases, they will know the in-s and out-s and be able to help you in the best way possible.

What happened four years ago? Are you seriously talking about a single lawsuit that has been dragging on for four years?

After about 1 1/2 years of calls and threats starting around March of 2006. In 2008 I hired an attorney to help for they were threatning to take me to court. He said no problem he could handle this and drug it out until we could no longer pay him. To my knowledge they have not accutually sued. Just requested a court date. I really have no idea what my attorney did for the most part as he would not respond back to me except to send bill. My question is since my last payment to credit card company was Feb 2006 has the SOL ran out as for them being able to actually sue me. I have all of the statements they sent me back when this started. I just do not know what to do since I do not have the money to pay this or to hire another attorney.

The way you "request a court date" is by filing a lawsuit. No lawsuit means no court date.

My guess is they are trying to intimidate you. Ignore them is what i would do until you are actually served with a lawsuit, which is highly unlikely.

So without knowing what my former attorney has done. They may have already filed a lawsuit and are requesting a trial date now? 2-4 years later. My question then would be would the SOL stop when they filed the lawsuit while my attorney was supposedly representing me or would it still be from date of last activity on account 6 years ago? In other words do I have a chance with the SOL law. Thanks for all of your responses. Thye have been a great help in these trying times.

You can find out, fairly easy, if there is an actual lawsuit filed by contacting your court's office. I would do that first. Some states have websites you may be able to search. If nothing else - call the court. If there is a lawsuit and the date of first default is over six years ago and your states SOL is six years (depending on the type of debt it is) - they can still sue but you would use the SOL as an affirmative defense.

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Quoting df04527

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If there is a lawsuit and the date of first default is over six years ago and your states SOL is six years (depending on the type of debt it is) - they can still sue but you would use the SOL as an affirmative defense.

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if the suit was filed 4 years ago and is still somehow still active, the SOL would have tolled for the time since the suit.

Yup somehow i can't imagine the suit being active after all this time but i guess you should consider it. Thanks for pointing it out.