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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 37966
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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is old creditcard debt and its collection limited within the

Customer Question

is old creditcard debt and its collection limited within the statue of limitation and its 3 year window
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 8 years ago.

A suit on a credit card default (contract based upon a written instrument) is limited to four years under Texas law. However, the date upon whch the statute begins to run would be the date when it would be reasonable for the creditor to believe that the debtor had no intent to pay. This could be six months after the last debt was incurred on the account.

 

Collection of a money judgment based on a suit for a credit card default, once obtained, can extend to 10 years.

 

If you filed for bankruptcy, then the debt should have been discharged and you would no longer be obligated to pay -- except per any order of the bankruptcy court made at the time of discharge.

 

 

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