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  1. #1

    Default Texas Credit Card SOL

    I have $10,000 of credit card debt that my exwife was ordered to pay in our divorce 4 yrs ago. She never did and the card was in my name so they are harrassing me. I talked to a lawyer years ago and he told me there is really no way to force her to pay and he advised me to sit it out and wait and see what the credit card company does.

    There will be times when no one calls and then times when they call every day. Recently they have been callin ga lot and I am getting tired of it. Aside from this card my credit is perfect in that I have never even had a late payment.

    Anyway I have been doing a lot of reading on this site and I see that Texas has a 4 yr statue of Limitations. I looked on my credit report, and called the original creditor and the last payment was made on January 8, 2003. Four years and eight days ago. Am I in the the clear? The report shows 01/03 as last payment but under date of last activity it says NA.

    Going a step further assuming the 4 yrs is up what should I do? Should I tell them that when they call or should I just hang up on them?

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Texas Credit Card SOL Advice

    Standard answer on expired SOL (statute of limitation) and/or validation and/or dispute letters. There are thousands of posts similar to yours on this forum so I have prepared a standard answer.

    SOL (Statutes of limitation are DEFENSES to lawsuits; they do NOT provide a method to stop someone from suing you. This defense means when they sue you, you answer with the defense that it is barred by the SOL.)

    http://www.bcsalliance.com/y_debt_sol.html

    http://www.fair-debt-collection.com/...te-letter.html


    Validation letter samples you can get at :
    www.creditinfocenter.com
    and www.creditboards.com

    Make sure you ask for VALIDATION (and do not accept verification).


    Disputes: You can write a letter of dispute to the three credit reporting agencies.

    Go this website to find instructions and samples for how to dispute: http://www.creditinfocenter.com/creditreports/

    Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

    I am NOT a creditor-debtor lawyer; stand by for further help.

    I am NOT vouching for the accuracy of these websites!

    Debt settlement:

    http://forum.freeadvice.com/showthread.php?t=293829

  3. #3

    Default Re: Texas Credit Card SOL Advice

    Thanks for your reply. I did do a lot of reading and searching on here and saw the exact same post to others.

    I guess more specificaly my question is since I am out of SOL, and they have not tried to pursue any legal action yet, what should I do?

    Should I

    a) Just sit back and ignore their calls and wait for them to try any legal action and then raise the SOL defense?

    b) Tell them right now that SOL has expired and to stop calling me.

    c) something else

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Texas Credit Card SOL Advice

    Senior Judge is a bit on in years, and sometimes I think he forgets that he has told the same stories hundreds of times.

    I would try a letter as detailed in this thread.

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