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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33798
Experience:  Attorney with 15 years experience in various consumer protection areas
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In 2001 we took out a credit card with Providian. We were

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In 2001 we took out a credit card with Providian. We were unable to continue making payments after 2003 due to medical issues. They are now suing us in civil court charging us with theft and misrepresentation. What do we need to do?
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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When was the last time you made a payment on the account?
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Thanks
Barrister
Customer: replied 3 years ago.


2003

Ok, then this would be clearly beyond the Texas statute of limitation for collecting on a debt on an account. The statue of limitations in TX is only 4 years on this type of debt. So if they haven't filed suit within that 4 year period from the time you defaulted on the account, then they would be time barred from doing so.
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You will still have to respond to the summons and complaint and defend against the case so you don't get a default judgment against you. But it should be a simple matter to win the case and have it dismissed because the expiration of the SOL is an affirmative defense to a civil suit for a debt.
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Thanks
Barrister
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