February 11, 2010
If I respond to a debt collection agency does this start the Statue of Limitations all over again?
TC asked:
I live in Texas and I am being hounded by a debt collection agency. I do own this debt, but I have not responded to their endless phone calls and text messages. I was told the minute I have any contact with the debt collector this will “Restart the Statute Of Limitations” and this just gives them more time to harass me or file suit.
I ‘m not sure but I think the Statute of Limitations for Credit Debt in the state of Texas is 3 years.
I live in Texas and I am being hounded by a debt collection agency. I do own this debt, but I have not responded to their endless phone calls and text messages. I was told the minute I have any contact with the debt collector this will “Restart the Statute Of Limitations” and this just gives them more time to harass me or file suit.
I ‘m not sure but I think the Statute of Limitations for Credit Debt in the state of Texas is 3 years.
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Comments on If I respond to a debt collection agency does this start the Statue of Limitations all over again?
YES. and the statute of limitations depends on state law
only if you acknowledge the debt…if you dispute the debt,time does not renew
In my state, the statute of limitations “restarts” when you make a payment.
If they are harassing you, you may be able to sue them for violations of the FDCPA.
I sued a debt collector, and they forgave the debt- and so did two other debt collectors that I didn’t sue.
The Statute of Limitations (SOL) for Texas is 4 years. Responding to the collection agency will not restart the SOL. In some state’s, acknowledging the debt will restart the SOL. But I’m not sure if this is true in Texas. In most states, payment is required to restart the SOL.
If you fail to respond, they could just sue you and win a judgment. With the judgment they can attach your bank account and lien your property.
Since you know you owe the debt, perhaps you should try to work out a settlement. Depending on how old the debt is, you could settle for half or less. Get any settlement agreement in writing and do not give the collector direct access to your bank account.
You did not state how old the debt is.. If the debt is close to the statute of limitations, then do nothing.. You can talk to the debt collector, but do not acknowledge or make a payment on the debt, regardless of what the debt collection agency tells you..
Simply having contact with the debt collector does not restart the “clock.” In Texas, the statute of is 4 years..
If you have further questions, please send a note..