Legal Question in Credit and Debt Law in Texas

Quantum Meruit/Unjust Enrichment

I'm being sued by a finance company who either received my defaulted / charged off debt and is claiming Quantum Meruit/Unjust Enrichment.

The last date of payment to the original creditor was before 2002. The date closed was in 03/02. What is this long term and what does it mean? And can they sue me for a debt they recieved?

Asked on 7/07/06, 11:57 am

2 Answers from Attorneys

James Grissom Law Office of James P. Grissom

Re: Quantum Meruit/Unjust Enrichment

They are now the owner of the debt and they can sue you. Contact a lawyer to assert a defense of statute of limitations.

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Answered on 7/07/06, 12:04 pm
Sharon Campbell Sharon K. Campbell

Re: Quantum Meruit/Unjust Enrichment

The term "charge off" is an internal accounting term used by the credit card company. They are required by law to charge off debts on their books when they are not paid within 180 days. It has nothing to do with whether or not you owe the debt. If the debt is yours, you owe it whether or not it has been charged off. The statute of limitations for suit on a debt is four years. Sounds like a close call as to whether this debt is barred by limitations or not. Nevertheless, these cases are defensible for several reasons. You need a lawyer experienced in handling these cases to represent you. I am not certain what you mean by saying the finance company "received" your debt.

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Answered on 7/07/06, 12:06 pm

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