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TX - Lawsuit Threat


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I live in Texas and received a call from a litigation office that they were going to file a lawsuit against me for a credit card debt. Credit card was opened in 2001 and date of last activity was 2003. They have offered to settle the debt but I am inclined not to because A) I do not recall having this credit card account with Citibank and B) I checked my credit report and it is not listed on my report.

Any advice?

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So if they proceed with the suit then I should be protected because this is so old - correct?

If they proceed, you would use the SOL as an affirmative defense. Hopefully you have old bank statements, cc statements, something to show the date of last payment, and you could countersue with an FDCPA violation.

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Did you get a letter from them yet or just the phone call?

threatening suit on a time barred debt violates 1692e(5)

Kimber v Federal Financial

Goins v JBC & Associates

Rameriz v Palisides

Parkis v Arrow Financial

Schultz v Arrow Financial

Tape their next call they already violated FDCPA

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