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Did sol expire on $25,000 accoount


teacherjim69
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I live in texas, had capital one account default. Account sold to calvery, they assigned to

Cawley and Bergman to collect. They are in New York, can they legally try to collect in texas,

I don't think they are bonded in texas. My main question is I checked my credit report today and it shows

That my last payment paid was 12/21/2009. Texas law says 4 years from last payment, since today

Is 12/24/2013 does that mean the sol is expired now?

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SOL is 4 years in Texas. Fortunately for you, the amount in question will keep you out of Justice Court and into either District or County Court at Law. It will not stop them from suing but your options in either court will be much better as the judge will PROBABLY be better versed in the law than any JP. DV them under the rules of Texas Finance Code 392. If they violate, you have a lot of options to bring this to a conclusion in your favor.

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I don't know about Texas, but most states is not the time from last payment, but date of default. So if your payment was due dec. 21, and you paid it, then your next due payment was jan 21, and you did not pay it, then jan 21 would be your default date. They may still have another month to sue you.

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There might be a month but it's probably expired.  Was that payment made after the date of final demand?  Or was that the last current payment you made.  If it was the last current or "on-time" payment shellieh is correct the Statute of Limitations would expire on Jan 22, 2014.

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dec 21 was the last on time payment.  i have read somewhere that texas bases the sol off the last day a ontime

payment was made.  example would be last payment made 12/21/2009 than 4 years later 12/22/2013 sol would

be expired.  this is based on texas law that sol starts on day of last activity. any texas expert here? thanks for the responses

received so far, gives me idea's of what to watch for.

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dec 21 was the last on time payment.  i have read somewhere that texas bases the sol off the last day a ontime

payment was made.  example would be last payment made 12/21/2009 than 4 years later 12/22/2013 sol would

be expired.  this is based on texas law that sol starts on day of last activity. any texas expert here? thanks for the responses

received so far, gives me idea's of what to watch for.

 

Did you make any payments after this date - even partials or slow payments? If you did, then the SOL may not be elapsed. 

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I believe the Statute in Texas, is a Statute of Repose. Chapter 16 Texas Business & Commerce Code

 

 

Don't think so.  I don't think the words "A person must bring suit on the following actions not later than four years after the day the cause of action accrues" actually constitutes "repose'.  The debt is still collectible.  Its only that if they do sue...and the debtor shows up...and the judge agrees that the SOL has run...the JDB doesn't get a judgement.

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Just to be on the safe side I would try and drag this out 30+ days past the four year expiration. If you received the letter on the Dec. 24 they probably mailed it around the 21st. So add three weeks to the 21st and send them a DV letter CMRR. Then it will take them a few more days to send the DV. C&B will more than likely send a packet with a few old computer generated statements. Then send them another letter asking for more information. If you keep them going until Feb. you should be in the clear based on what you posted. 

 

"I dispute this and require validation."

 

At this point they may swing for the fence and sue you considering the amount. More than likely Calvary will use a TX law firm to do this. Make sure and keep all letters they have sent you along with the envelopes. Keep any messages recorded in a safe place that they leave for you. Both Calvary and C&B can be pretty sloppy and will often violate your rights under the FDCPA. You may not need any of this, but if they sue it could help you in the future.

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