Dear Steve,
I have a debt from a local credit union in Texas. Last payment made December 2009. My credit reports shows it as collection/charged off. However they still show a balance. The Texas SOL is 4 years. I have not lived in Texas the whole time, I have lived in Florida and Texas since then. I have kept the same phone number and always put a change of address with USPO. I have never not been able to be found. Never has anyone contacted me. As a former certified Texas Process Server I am aware of how some operate. I want to avoid a court and a default judgment without prior knowledge.
My question is, If they show a balance do I owe the credit union or some unnamed collections agency? Also, did I have to live in Texas the whole 4 years for the SOL? Can they file on me, and which state if I have never been served?
William
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Dear William,
Regarding if you can be sued, you should not be seeking answers to that question from myself or anyone else on the internet because you need to speak to a local attorney who is licensed in your state. That attorney can give you specific answers to your specific situation. Please spend a little bit of coin and talk to a local attorney about that part of your question. It will be money very well spent.
You see there are a whole host of issues that can control the statute of limitations like time in a state or out. I would not even pretend to be able to give you an absolute answer for your specific situation and facts.
The other part of your question is if the credit union can transfer the debt to a collection agency. Not only could they do that but they could also sell the debt to a bad debt buyer. Just because the debt might be outside the statue of limitations or time barred does not mean a collector or new owner won't pursue it. Consumers should be informed of that fact when collections begin, they are often not.
Under the heading of "it never hurts to ask" you could be pursued for the debt and intimidated into paying for something you may not legally owe. I've seen it happen time-and-time again.
But both of these issues can be solved with the legal opinion from a local attorney. With that opinion you can then know exactly what your status is if the debt ever surfaced again.
Please find a local attorney today or consider visiting NACA.net to find an attorney who specializes in consumer issues.
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