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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
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Experience:  Lawyer
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I have some old credit cards that are about 5 years since last

Customer Question

I have some old credit cards that are about 5 years since last activity.
I live in Texas. Since that time some of them I think have been sold
to someone called LVNV Funding that show up on my credit report as
opened a couple years ago or so.

Who would you suggest I contact about getting these guys off my
credit report and should I have any problems doing so?

thanks,
-Jerome
Submitted: 3 years ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 3 years ago.
Hi,

My name is Lucy and I'd be happy to answer your questions today.

The statute of limitations for breach of contract in Texas is only four years. However, many credit card agreements are governed by the law where the bank is located, not where the consumer lives (and say as much in the agreement). So, the starting point is to look at the card agreement to verify which state's statute of limitations apply. In many states, it wouldn't have expired yet. If you don't have the agreement, you can usually find it online or you can ask the bank to send it to you without acknowledging or agreeing to pay.

If Texas law applies, the Fair Debt Collection Practices Act prohibits a company from representing an expired debt as collectible. You should be able to send the company a letter, stating that you refuse to pay the debt, that the statute of limitations has expired, and that it would be illegal for them to attempt to collect it. The cards will still show up as charged off accounts, but they won't show as open amounts that you're required to pay. Here is a sample letter that may help.
http://www.creditinfocenter.com/forms/sampleletter20.shtml

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.

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