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Statute of Limitations Texas


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31 minutes ago, mel7a8 said:

I am being sued by Midland Funding, in Justice court.  The last payment on the account was 3/03/17 (per paperwork with the suit) and the suit was filed 3/31/21 is this past the SOL?  

I would say it’s past the SOL.  Both the attorney and Midland are violating the FDCPA.  Also, check TX consumer protection laws.  I’d contact a consumer attorney ASAP.

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What is the SOL in Texas?  
In most states it starts with the date of the first default, which is about a month after the last payment.  
 

If the SOL in Texas is 3 years, this is way past the SOL. 
 

If the SOL is 4 years, they may have made it under the wire with a few days to spare.  

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1 minute ago, BackFromTheDebt said:

What is the SOL in Texas?  
In most states it starts with the date of the first default, which is about a month after the last payment.  

The SOL in TX is 4 years.  Once an account is already in default, payments made afterward can reset the SOL in most states.   After default, the calculation would the begin the date the last payment was made.

So, yes, in the OP’s case, if the last payment was before default, the lawsuit could have been filed in time.  However, if the account was already in default when the 3/03/17 payment was made, the lawsuit was not timely filed.

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On 4/12/2021 at 11:37 AM, BV80 said:

The SOL in TX is 4 years.  Once an account is already in default, payments made afterward can reset the SOL in most states.   After default, the calculation would the begin the date the last payment was made.

So, yes, in the OP’s case, if the last payment was before default, the lawsuit could have been filed in time.  However, if the account was already in default when the 3/03/17 payment was made, the lawsuit was not timely filed.

As of (I believe) 2019, making a payment, or admitting to the debt, no longer resets the SOL in Texas.

Default is calculated 30 days from the last time your account was actually current right?  Example if I owed $100 in February but only paid $50 and didn't bring the account current in March or April, wouldn't my DOFD be February, since January was my last current month, or March?

@mel7a8  Also, because of the pandemic, SOL might have been tolled, I believe it was in Texas, so the SOL might have been extended because of this.  You can check your credit report to see if the OC for your debt is on there to get a better idea of when you actually defaulted.  You will also want to have back up strategies in place in case the judge the judge rules against you on SOL. 

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1 hour ago, Impress said:

As of (I believe) 2019, making a payment, or admitting to the debt, no longer resets the SOL in Texas.


This is what was changed in 2019.

TFC 392.007(2)(d)

(d) If an action to collect a consumer debt is barred under Subsection (c), the cause of action is not revived by a payment of the consumer debt, an oral or written reaffirmation of the consumer debt, or any other activity on the consumer debt.

Here is subsection (c).

(c) A debt buyer may not, directly or indirectly, commence an action against or initiate arbitration with a consumer to collect a consumer debt after the expiration of the applicable limitations period provided by Section 16.004, Civil Practice and Remedies Code, or Section 3.118, Business & Commerce Code.

16.004 is the 4-year limitation period.  Subsection (d) says that if an account is time-barred, a payment will not reset it.  Therefore, if an account is not time-barred, a payment can reset it.

A claim for breach of contract based on credit card debt accrues on the date the last payment on the account is made.” See Matkin v. American Express (TX Court of Appeals, 2018) and Dodeka, LLC v. Campos, TX Court of Appeals, 2012).

1 hour ago, Impress said:

Default is calculated 30 days from the last time your account was actually current right?  Example if I owed $100 in February but only paid $50 and didn't bring the account current in March or April, wouldn't my DOFD be February, since January was my last current month, or March?

DOFD (date of first delinquency) is the date used to calculate the 7-year reporting period.  It only applies to an individual state’s calculation for the SOL collection period if a payment not made after default. 

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