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In 2015 portfolio recovery served me with papers to sue for a debt from Dec 21, 2012.  I sent an answer, and requested a copy of the paperwork showing I owed the debt. They never responded until now.  This week I received a court date from Rausch and Sturm saying they received my answer and they are taking me to court.  They have never sent me any proof of owing this debt. Isn't the statute of limitations in Texas 4 years?  Any help is much appreciated. 

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5 minutes ago, JessieAnne said:

They have never sent me any proof of owing this debt. 

They are not required to.

5 minutes ago, JessieAnne said:

Isn't the statute of limitations in Texas 4 years?

It is but that statute is tolled once they filed the suit.  The mystery is why the courts have allowed it to stay on the docket active for four years.

What you may have is a laches defense in that they waited to long to pursue this.  I would consult a good Consumer Attorney because one may take the case on contingency as there could be FDCPA violations for this but I am not certain.  Most do the first consult for free.

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@texasrocker I've been reading other posts about your discovery system, and it seems like you give good advice in these matters.  Any suggestions?   The lawyer for Rausch Sturn sent a letter that came the same day as the suit asking me to call her to discuss resolution of this matter.  I'm ready to put up a fight.  My court date is set for March 4th.

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 The statute of limitations applies to when the account went into default.  Do not call them.  The first thing you need to do is ask the court for a continuance as soon as possible so you have time to prepare your defense.

 I cannot see any way that a doctrine of laches defense could be viable in a civil collections case because it usually applies to the lawsuit being timely filed and failure to have claimed it as an affirmative defense has a history of nullifying the chance of a successful appeal in Texas.  There are however very good grounds here for dismissal for want of prosecution.

What county are you in, what is the amount they are suing for and what court is it in? 

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