My question involves collection proceedings in the State of: Texas
After six years of no contact with credit card company, can they file a judgment against a savings account I opened six months ago.
My question involves collection proceedings in the State of: Texas
After six years of no contact with credit card company, can they file a judgment against a savings account I opened six months ago.
You say they are filing a judgement. That implies that they have previously sued you and won. When was their suit against you? The original judgment is, I believe, good for 5 years but they can renew it. Why they waited is anyone's guess but yes, they can come after your bank account.
No judgment has been filed. The only contact in the last six years has been through phone calls and letters. I have not answered any of the phone calls or letters.
then why did you day anything about a judgment in your first post? Before they can seize your account, they have to have a judgment.
Have you ever been sued for this?
I have not been sued or appeared in court for any legal action. All I have received are phone calls or letters which I have not answered. The phone calls and letters have almost totally ceased but I'm still concerned about opening a savings account. I would hate to lose my retirement after I offered to settle with them six years ago.
The SOL for credit card debt in Texas, we are going to assume you incurred the debt in Texas, is 4 years from the Date of Last Action (DLA). If you incurred it somewhere else, that muddies the waters a bit. That being said, they are still free to sue you and you would assert a defense of SOL at trial. So if they do sue you, you must respond. The offer to settle would probably be interpreted by the court as being the DLA so if it was six years, you have a valid SOL defense. They could theoretically, if they sue, try and get your accounts frozen to prevent you moving the money but it is not very likely to happen.
Thank You.