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Impress last won the day on July 3 2019

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  1. @Brotherskeeper I wasn't an AU on the credit card, it was strictly hers. The account was approved using her credit/social but my name was the one that it was put under. Not sure if it was a slip of the hand when selecting her name, or a glitch in the system. As I said, at the time Costco had you select your name from a drop down menu not type it in like most applications. Also, our names are very similar. Otherwise, I'm not attached to the credit card in anyway. When I pull up both our reports, it does not show up on my mine, only on hers. A bit confusing I know.
  2. Background: I am a member of Costco. A few years ago, my mom, who is on the membership, applied for and got the Citi Costco Visa. What we didn't realize until the card arrived, was that the card was in my name, not hers. Costco's app didn't allow her to type in her name, but rather choose from a drop down menu. She selected her name, but whether trough a slip of the hand or a glitch in the system, my name ended up on the card. However, it shows up under her credit report. As you can guess, this card was defaulted on and eventually bought by Midland. They sued me. Since I had a co
  3. I appreciate the case law lookup @BV80 . This will be helpful for future Texas residents that come here for assistance. @veedub85 Good luck and keep us updated on how it goes.
  4. Last payment, yes. But that doesn't necessarily mean that's when the offense occurred. I would think one could argue that the moment the account went behind and was never brought current was when the offense occurred. Also, the statute doesn't state that payments made reset/extend SOL. My opinion only, IANAL.
  5. @veedub85 Pull your credit report, you can get a free one every year. See what is posted on there as far as when it was charged off and expected fall off date, and the time these accounts went 30 days past due and were never brought current. You might still be within SOL, but it doesn't hurt to take a few minutes to verify. Also, maybe call your court house and see if they can tell you how long SOL was extended, and how that affects cases filed since the pandemic began. A little quick reading shows that courts have the option of whether to extend, so if you can prove these accounts are ou
  6. Arguing the lack of small claims is going to be tricky. There was at least one poster who has stated their judge deemed justice court to be small claims. I had the same in a case recently. Doesn't hurt to argue though. With regards to SOL. According to Texas Statute (specific statute here), SOL is four years from the day after the offense occurred. So if your default day was today, the company could sue you up until 4 years from tomorrow. Now the trick will be figuring out if your last payment is considered when the offense occurred, or (assuming your last payment didn't bring the a
  7. @Star26 I'm not an expert on how Texas would handle joint property. If you can afford it, hire an attorney to protect what's yours.
  8. @texasrocker OP states this is a joint property, even though OP is making payments. Wouldn't said property be at risk? Not from seizure but a lien until judgement is paid? @Star26 If your name is on the suit, then you have options. If not, I would consult a lawyer to see what, if anything, you need to do to protect your property. You can't answer for him because he will need to make all court appearances (unless he hires an attorney).
  9. @Brotherskeeper@BV80 *nods* I think the term I should be using is "choice of law". This website gives a good explanation. A quote from the article, law firm based in Alabama: More digging in the rabbit hole uncovered this website with regards to credit cards and choice of law. This blog from 2013, also notes choice of law can be used in Texas although it would involve filing a Motion of Judicial Notice. Also, from what I can tell, you would need to show the other states laws have more of a connection(?) to the case then Texas would. And prove that there is a diffe
  10. Thanks for the help. ***************************************************************************************** Anyone have an opinion on arguing forum selection? Since the clause states that Virginia law applies, the proper forum for this should be there no? Similar thinking to arbitration clauses. Because PRA stepped into the shoes of CapOne, they should be bound by Virginia law according to the agreement. Ironically, PRA is also headquartered in VA. Edited because I fell down a rabbit hole and am curious about opinions here. Plus, this may help others doing research in th
  11. @BV80 Those statutes fall under the Civil Practice and Remedies Code. TX Statues As for the payment, I want to say yes. My credit report shows this is due to fall of 10/23. So the payment in 2017 didn't bring it current.
  12. Hey all, I was sued by PRA for Cap One debt in February 2020. Gave general denial and filed motion for discovery. Because of Covid, nothing has happened yet. I’ve recently discovered what I think is Texas’s borrowing statute(s) and could use some advice on applying it/them to my case. From what little cases I have been able to dig up so far, it seems these are the two most referenced as Texas’s Borrowing Statute. Statute 71.003 & Statute 71.051. The credit card agreement in effect at the time of default, and at the time I opened the account, states the following.
  13. @BV80 Thanks for clarifying both things.
  14. As of (I believe) 2019, making a payment, or admitting to the debt, no longer resets the SOL in Texas. Default is calculated 30 days from the last time your account was actually current right? Example if I owed $100 in February but only paid $50 and didn't bring the account current in March or April, wouldn't my DOFD be February, since January was my last current month, or March? @mel7a8 Also, because of the pandemic, SOL might have been tolled, I believe it was in Texas, so the SOL might have been extended because of this. You can check your credit report to see if the OC for you