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Clarification on TX SOL and DOFMD...


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I'm looking for a little clarification regarding the SOL in TX and DOFMD.

Here's the situation..We have a CC rec'd through our bank at the time. Our first reported DOFMD to TU was in 1/2002 and then in 5/2002...if memory serves that is around the time the account was closed; although they are currenlty reporting the DOFMD as 11/2005. We have made payments, although sporadically, for the past 4 years. Our account has continued to be over the original limit of $2000 on every statement since 2002. Have our payments tolled the SOL and the DOFMD?

The way I understand the FTC requirements for DOFMD, it would seem that 2002 would have to be the DOFMD listed.

These SOBs refuse to work with us at all regarding our TL, and have violated the FTC Act, 15 USC 45(a) in regards to contacting relatives, neighbors, employers...besides calling once or twice a day.

My most pressing question is in regards to TX SOL and the DOFMD, as if is indeed considered 5/2002-we have now reached the magic 4 years, which would probably help me immensely in my settlement discussions with them.

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I don't know all your answers, but...

These SOBs refuse to work with us at all regarding our TL, and have violated the FTC Act, 15 USC 45(a) in regards to contacting relatives, neighbors, employers...besides calling once or twice a day.

...if that's the OC you're talking about, they're probably allowed to do that. The FDCPA doesn't apply to them...

As for tolling the SOL, as far as the FCRA is concerned, the account would have had to be "brought current" to reset that. However, since state legislatures can't resist the urge to "new and improve", you'll have to check the TX SOL laws to see if that's the way its worded...

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Thanks for the input...I've been trying to read through the Tx Rules and thus far I haven't been able to find anything regarding the SOL other than the standard yr limits.

Look at this post I posted the other day, on OC collection tactics and the FTC--they aren't covered under the FDCPA but apparently ARE covered under the FTC Act:

http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=46419

I found it really interesting!!!!

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