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What is Texas SOL on credit card collection?

Submitted by kajunking007 on Sat, 10/06/2007 - 20:40
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I have recieved a notice to sue over a old credit card. I was woundering what The statue of limitations was on this. Thank you very much.


Texas Statutes of Limitation

The Texas Civil Practice & Remedies Code provides a 4-year limitations period for types of debt. The SoL begins after the day the cause of action accrues, (Section 16.004 (a) (3)).

Hope this helps. Have u actually been sued or threatened suit?? Did u get a summons?
Ang


Submitted by Ang on Sat, 10/06/2007 - 20:41

Ang

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50 days is what I have to answer by. Plaintiffs request for admissions and I can only answer this questions with admit or deny. After reading these questions they are wanting me to admitt to the debt.

Now in exhibit c it states that I have 30 days to get my answers to this interrogatories name, dob,driver license # and ss# all of my wives (only one ha)place of employment and job title (state Gov which I do not want give out do to my work is a security Issue) and they want copy of all charges and payment made and what was bought with it (like I know what I bought with the this card years ago)

exhibit d
Plaintiffs request for production produce items and I have 50 days to do it in. All records including my finacial statement and all kinds of stuff.

Exhibt E plaintiffs request for disclosure nothing there except that is a statement that plantff request that defendant discloses within fifty days of service of this request, the information or materials described in rule 194.2 (a)-(1)


Submitted by on Sun, 10/07/2007 - 07:50

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Ok u need to answer this in the 30 days and send it to them. I guess u have 50 days to give them all the information they want. This is standard procedure. They want to see what ur assets are and ur income. This is going to a court of law i don't think u have anything to worry about and if u don't produce the materials they want u can be held in contempt of court so i'd say give them what they want and what u have.
I'm gonna go to another computer and come back and post how to answer the summons.
Be back with it in a min,
Ang


Submitted by Ang on Sun, 10/07/2007 - 07:54

Ang

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Ok this is what i have:


Also u must follow ur state's civil procedure codes... U can look them up online.
Hopes this helps u a bit...
How old is this debt? Cuz if u say it's out of SOL u MUST bring this up in ur defense or they can win! That is very important and also make sure to sign all documents!
U can also go to budhibbs site and ask him any questions u may have. He also has a list of naca atty's who may want to help u with this!
Hope this helps u some,
Ang


Submitted by Ang on Sun, 10/07/2007 - 08:12

Ang

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Welcome to the Community :D Anj gave you some excellent info. Also here is a link about Mann Bracken at http://www.debtconsolidationcare.com/collection-agencies/owe-payment.html read not only what others have dealt with, but also Budd Hibbs, as Ang mentioned..Let us know what happens, and feel free to ask questions..KAren


Submitted by Bossy4455 on Sun, 10/07/2007 - 08:49

Bossy4455

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Well I came home from work and went and mailed a letter to Mann Bracken llc asking for copy of discovery and all paperwork that shows proof that is my loan. Well I get back an on my answer machine is this collector with Mann Bracken from the Georgia office wanting to discuss a posible settlement. I told him I just mailed him papers asking for copies of any and all proof (validation) of this debt. Well he said that we will get the judgement wether or not you will admit to the debt or not. It took alot for me to hold my cool. He then asked if I acknoleged the dept and I told him I could not answer that till I get my paperwork back from my request. He atated that I see you know what you are doing so he said that I can call him when I am ready to settle this account. He did notice were I worked and it is a Goverment Agency in Law.


Submitted by kajunking007 on Tue, 10/09/2007 - 15:48

kajunking007

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Just be careful talking to them over the phone- you don't want them to twist or trick you into saying something you wished you would not have! Once you get the validation- you can decide where to go from there. Please read the previous posts and see what others heve done when dealing with them!!

Good Luck..KAren :D


Submitted by Bossy4455 on Tue, 10/09/2007 - 17:40

Bossy4455

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They still have to follow the civil laws of the state in the right for discovery and since they attempted to collect on this debt before I was served so this makes them fall under texas collection laws and have 30 days to reply to my validation letter, and it is way past that time frame. I have just sent them a second letter for validation (10 extra days) and gave them a warning to drop the suit or we can go to court and I can sue them in small claims court for the amount owed and fees. So wish me good luck and will keep this updated.


Submitted by kajunking007 on Wed, 11/28/2007 - 17:39

kajunking007

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Good luck kajunking. You're right. In Texas, they must answer within 30 days one way or the other, if only to say "we haven't had time to validate". For those aware, state law can get many a collector in trouble, if they are collecting from out of your state. If they try anything, remind them that violations of the Texas debt collection act is also a criminal act, as well as a violation of your state's Deceptive Trade Practices Act. You can sue them under all of these.


Submitted by Law Student on Thu, 11/29/2007 - 00:25

Law Student

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have gotten calls from a firm by the name of WCS stating they are collecting on a credit card account I didn'y pay. I made some payments to a company call first select sometime in 2001 or 2002 and after a disagreement stopped payment. Now this company has started calling and sending letters. I live in Texas where the credit card was obtained. I want to write a letter to them, what do I needas for


Submitted by on Thu, 09/04/2008 - 14:39

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