Legal Question in Credit and Debt Law in Texas

I live in Texas....being sued on credit card debt. I wrote letter to plaintiff explaining that this was time barred, even sent copy of FTC Consumer Alert concerning this remedy along with Texas Civil Practice and Remedies Code chapter 16 concerning statue of limitations on debt. I even put a copy of the credit report to show when the debt became delinquent. They are continuing with the suit. My question...can I counter with Malicious Prosecution or Abuse of Process as a remedy since I have already explained to them that they will not win.

Asked on 9/04/15, 10:11 am

1 Answer from Attorneys

Adam Kielich The Kielich Law Firm

No because it is up to you to properly raise the statute of limitations as a defense in the suit. A plaintiff can prevail on a time barred claim if the defendant fails to properly plead and prove the limitations period has run on the debt. Whether the limitations period has run is a question of fact and the plaintiff has the right to pursue its claim until an appropriate mechanism permits the judge to rule on your limitations defense.

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Answered on 9/04/15, 10:41 am

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