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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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We have a civil suite filed againist us for a credit card dept.

Resolved Question:

We have a civil suite filed againist us for a credit card dept. The last transaction made on the card was a payment in December 2004. The suite was filed in JP court in July 2004, but was lost or misplaced somewhere between the JP office and the Sheriffs office and was never delivered to us. The JP Court re-sumited the claim in March of 2009 and it was this time delivered to us by the sheriffs office. Does the 4 year statue of limitations apply to us in this circumstance since it was never delivered to us in 2008?
Submitted: 7 years ago.
Category: Legal
Expert:  TexLaw replied 7 years ago.
what state are you in?
Customer: replied 7 years ago.
Expert:  TexLaw replied 7 years ago.
Dear Wards,
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<br />Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.
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<br />I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.
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<br />In Texas, a plaintiff has to actually achieve service of process on the defendant to toll the statute of limitations. However, limitations is what is called an affirmative defense. This means that you must answer the lawsuit and make an affirmative defense in your answer that the statute of limitations on the debt has passed and that it is no longer collectible, and thus judgment should be issued in your favor.
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<br />The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation, you should consult with an attorney licensed to practice in your state.
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Expert:  TexLaw replied 7 years ago.
Sorry about the formatting in the last answer. Don't be nervous about going in front of the JP. It's like the People's Court. There are no rules of evidence or civil procedure that you have to abide by. Just make sure that you make your statement that the statute of limitations has passed on it. That you do not and have not acknowledged the debt in the past four years, and that under Texas law Plaintiff cannot maintain its suit against you.

If the JP rules against you, then you need to apppeal it to district court. At that point you could hire an attorney, but it really shouldn't cost much because your defense is sound.
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