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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
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Experience:  Attorney with 14 years experience in various consumer protection areas
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I had a credit card with USAA federal savings bank for many

Resolved Question:

I had a credit card with USAA federal savings bank for many years. Well I had some financial issues
years back and wasn't able to pay a $20k credit card debt. Now the date of last activity was 2008 and with
the Statute of Limitations here in Texas being 4 years it has expired.

Well I've heard that acknowledging the debt can RESTART the SOL on and then they can sue me if they
wish. Well when I called USAA to cancel my Auto Insurance they told me that because I had a past
Mastercard that didn't get paid that if I canceled my auto insurance I could no longer go back to USAA
again.

I said ok that's fine so I guess I pretty much acknowledged the debt sort of.

What problems do you think I might be facing?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
.
Simply admitting that you had a prior debt that was unpaid would not serve to give the creditor grounds to restart the SOL. It would require something like you actually paying something towards the debe to legally "acknowledge" it so as to restart the SOL.
.
So I don't think that you have anything to worry about with the old debt being reinstated and being legally collectible now.
.

.

.

Thanks.

Barrister

.

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.


Customer: replied 1 year ago.

I'm confused....I've been reading what can restart the SOL on many sites and it states that making a payment and/or even acknowledging the debt can start the SOL all over again.

Expert:  Barrister replied 1 year ago.
The "acknowledgment" is done by making any type of payment on the debt or by agreeing to pay the debt in writing. Merely stating that you realize that you had a debt does not serve to legally acknowledge it.
.
So unless you made a payment on the debt or signed something agreeing to pay it, you haven't legally acknowledged it.
.
.
Thanks
Barrister
.
Barrister, Lawyer
Satisfied Customers: 22978
Experience: Attorney with 14 years experience in various consumer protection areas
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