W&A Withdrew Arbitration Suit

[Redlinehome]

Bank of America was delinquent by $4,000.00. for about five years. In Texas so no SOL, yet.

Offered to settle for $2.500.00 but W&A was in it by then and it was too late. The attys fees, interest, and penalties had run it up to about $8,000.00.

Did not know I had been sued. Have an atty and she did not know. It was arbitration.

We received an Order of Dismisal without prejudice last week.

I did a general dispute and validate on or about December 10, 2006, and they squeezed a response in just under 30 days.

Have not checked my credit since January ... what is the best company to pay money to for ongoing checks??? Cannot get the so called free reports to come up via email.

Any ideas? Any chance this will go away?

I know W&A has had some difficulties in the way they have been handling cases.

My atty said do nothing but she could go in an ask for dismissal with prejudice but that might do more harm than good.

Any insight here would be deeply appreciated.

[thomassl]

My understanding that the SOL for Texas is 4 yrs! If this debt has been delinquent and no subsequent payments made, it is most certainly past the SOL. Dismssal without prejudice means that at this time there was no finding based on the evidence but it can be brought back before the court again. I would wait just as your attorney has said. I still feel you are past SOL so have her check again.

[Redlinehome]

Yes, you are correct:

Texas Statutes of Limitation

The Texas Civil Practice & Remedies Code provides a 4-year limitations period for types of debt. The SoL begins after the day the cause of action accrues, (Section 16.004 (a) (3)).

I am almost certain it has not been quite four years since I made the last payment, more like three years.

I did read in one post that W&A are dropping their collections in certain states.

Does anyone know what is going on with their suits for Bank of America in Texas?

Thank you.

[Redline Home]

W&A withdrew lawsuit and now Bank of America has charged off my account.

I am not quite certain what my statute of limitation period would be because I am a little fuzzy on when my absolute last payment was made... but I am sure I am about six to eight months and possibly past it. It is VERY CLOSE.

Would anyone be kind enough to advise me on the proper next course of action. My attorney said to say nothing and do nothing once the lawsuit was non-suited.

But now, does anyone see any reason not to proceed with a request to advise me of the information from Band of America to determine the date of the last payment so I can determine the statute of limitation period.

If the statute of limitations has run does Bank of America have a history of selling the paper to a junk debt buyer?

Thank you.

Hopeful and scared.

[Redline Home]

The last charge to the account was over four years ago.

However, I continued to make payments until about two years ago.

Does this mean that the statute of limitation does not begin until the last charge made or the last payment?

Thank you.

[CarolinaBlueEyes]

In most states yes... in texas no.. in Texas a payment on a delinquent account does not restart the SOL.. you are one of the few

your SOL is your DOLA which is on your report

[walterg55]

CBA is correct. In Texas, SOL only starts as of the date a payment brings the account current.

[Redline Home]

This explains everything to me. In retrospect all makes sense. It appears that in some states I might have been under the statute of limitations but as a Texas resident I was not.

This must be why the suit was withdrawn ... without prejudice even.

It appears I have been a little dumb and paid two accounts whose SOL had run under these circumstances.

Now, I think I can begin the long hard road to credit repair starting at a 580 with Experian.

[walterg55]

I hate to rain on your parade but you may not be out of the woods just yet. Many courts in TX use what is called a "fast docket" that means if the plaintiff does not take action within a certain time, particularly early in the case, the court dismisses the action. It does not prevent the case from being refiled. It happens often here in my county. Don't be suprised if it gets refiled. A good tactic is to go in just before it is to be dismissed and file a motion to dismiss with predjudice. Motion based on failure to prosecute. If it has been dismissed once or twice off a docket already the judge might just grant your motion.

[Redlinehome]

In Texas does the statute of limitation begin to run the date the account becomes delinquent?

I believe this was in July or August of 2005.

I have made no payments since that time to Bank of America.

When would the four year Statute of Limitation run in Texas in the last payment made was in July of 2005?