Jump to content

Sued in Texas Case is Civil Suit


Recommended Posts

So today I was going to go ahead and turn in my discovery ,admissions, interrog, productions, etc that I wanted to mail to the JDB attorney and I just happened to look at my credit and was wondering why a few weeks ago the old debt was on there but now it  it gone comepletely and the only thing on there is the jdb , so there is no reference to the name at all of oiginal creditor and I find this very strange because I was thinking this might be coming upon limitations time and I have the other print outs and now all a sudden its gone. Any thoughts ? 

Link to comment
Share on other sites

6 hours ago, jlock45 said:

So today I was going to go ahead and turn in my discovery ,admissions, interrog, productions, etc that I wanted to mail to the JDB attorney and I just happened to look at my credit and was wondering why a few weeks ago the old debt was on there but now it  it gone comepletely and the only thing on there is the jdb , so there is no reference to the name at all of oiginal creditor and I find this very strange because I was thinking this might be coming upon limitations time and I have the other print outs and now all a sudden its gone. Any thoughts ? 

JDBs get the OC to do this to eliminate possible FDCPA and FCRA counter claims.  If they have already filed suit then the SOL is tolled while the case is active.  That date coming once the suit has been filed cannot give you an SOL defense.

Link to comment
Share on other sites

17 minutes ago, jlock45 said:

@ClydesmomWhat if I have a print out showing it's within same time frame ? Wouldn't this prove that they violated that ? 

The SOL is straight forward hard single date not a "time frame".  For example.  If a consumer defaults on a debt March 23, 2013 then the SOL in Texas would expire on March 23, 2017.  If the JDB/OC files a lawsuit on March 22, 2017 it is within the SOL and NOT a violation.   If the consumer defaulted on that same date and the JDB/OC sues on January 5, 2017 and the court date isn't until May 5 then the SOL is tolled (stopped) while the case is active.  The date of March 23, 2017 coming to pass during that time frame does not create an SOL issue simply because the date occurred during the case.  The date the suit is filed vs. the date of default is the only two that matter.

So the question is WHEN did you default on the account and WHEN was the suit filed?

Link to comment
Share on other sites

@jlock45

No problem.  :)

The reason for keeping all topics regarding one account in the same thread is to avoid confusion.    If there are multiple threads for the same account, posters have to go back and forth between threads in order to insure that any suggestions they offer include all details for that account.   It may not only create confusion but might cause some posters to lose interest in  your predicament.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.