I had a Visa card back in 1998-2000. When I irresponsibly fell into financial problems I let this bill slide. In the end I owed around $1000. At the end of 2000 I contacted a consolidation company who got my bill down to a payable amount and over the course of months I paid off the amount I was told I owed. Fast Forward to November 2007. I got a call from a CA telling me that I needed to call them regarding a financial and possible tax problem and if I didn't call them back they would be forwarding it to their pre-litigation dept. to do an asset check on me. I've done some research and learned that the SOL in Texas is 4 years. The credit card no longer shows up on my credit reports, I checked earlier this year. I called the lady back and let her explain the situation. After she stated her scripted message she then told me that I was in luck...they would offer me a settlement that I could pay to erase this matter. I told her no deal. I took care of this matter back in 2000 and paid it off through a consolidation company. She said she showed no records of a consolidation company working with me. Furthermore, she stated that my last payment recorded was in April 2002. Armed with that information I informed her that not only was the debt taken care of, but she was outside of the SOL to even try and take me to court and check my assets. She then tried to convince me that Texas has an SOL of 7 years to sue for credit card debt. I said no...for 7 years the debt can be reported on my Credit Report. She got all flustered and wanted to transfer me to someone else. I told her that I was done and that if she wanted to pursue this any further that she could deal with my lawyer who also happens to be my husband. Should I be worried? Do I have my facts wrong? Is the CA able to sue me after 4 years? I plan on sending a C&D letter and stating in it that the SOL has expired.
You are/were right. The SOL in Texas is 4 years. If you still have the documentation of the payment arrangement from 2000 make copies of everything, and if they call again, or write you just send the info to them. And tell them to take a swim in shark infested waters.
You did the right actions, most likely this was a scam or the original company sold the debt during the repayment period. Did this collection agency send you anything in writing? I doubt they will. You've also covered yourself as they cannot call or write you now, they must contact your husband (attorney)!
Thank you both for your quick replies. When my husband returned this evening I told him about the call and his immediate response was that it was a scam too. What a relief! I forgot to mention that the lady tried to get me to tell her my social security number to confirm that the credit card was really mine. No way that was going to happen. It was that that convinced my husband it was a scam.
You're probably right. Just to cover EVERY base here, it is possible that they could institute a civil action against you. Will they, VERY doubtful but, I wanted you to be apprised of it. Many people think that because a debt is time-barred, they cannot be sued for it. That is partially correct in that a debt collector cannot legally sue you for a time barred debt insofar as it constitutes a FDCPA violation. However, they do it all the time and it is the Defendant's burden to plead the affirmative defense that the action has ran past the statutory period of commencement. In any event, just wanted to clarify that point for anyone that had it confused. Not saying that you did and I think you did a good job! These debt purchasers are becoming an evergrowing problem and consumers such as yourself will act to quell further growth.
I agree that you did a good job. The CA that held it probably sold it, if the settlement was less than the full amount. Also, are you sure the consolidation company made the payments? They've been known not to. Still, it's past the SOL and I doubt that you'll hear from them again.
