Legal Question in Credit and Debt Law in Texas
Statute of Limitations
I received a notice from a collections co offering to settle a debt that goes back 16 years! The creditor has never been on my credit report (that I know of) and if I do not respond within a certain amount of time, they will assume that the debt is mine and continue to collect. I was 19 then and not working. Can they legally persue this? How can I keep them from trying to collect this debt?
3 Answers from Attorneys
Re: Statute of Limitations
Absolutely, they cannot sue you, they must file suit within a certain time frame. But make sure you send them that letter (certified mail, return receipt requested) telling them to cease and desist from any and all communications with you regarding this debt and that you dispute the debt.
This should end their harassment, if not then you may sue them for a violation of the Fair Debt Collection Practices Act and maybe the Fair Credit Reporting Act.
So keep a copy of the letter you send them and when your receipt comes back, staple it together and toss it into a file for later, just in case.
Re: Statute of Limitations
Follow the advice given by attorneys Copeland and Campbell.
Re: Statute of Limitations
It is long past the statute of limitations both to sue for the debt and to report it on your credit report. Send them a letter (certified mail, return receipt requested) telling them to cease and desist from any and all communications with you regarding this debt, that you dispute the debt. If they continue to contact you or report it on your credit report, you have a claim under the Fair Debt Collection Practices Act and maybe under the Fair Credit Reporting Act.
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