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John Legal
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Category: Legal
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I have a credit card debt that was last payed on in June 09. I

Resolved Question:

I have a credit card debt that was last payed on in June '09.
I am a Texas resident (own a home there, file my taxes there, still have Trxas DL)
I have been working out of state in IL for the past 16 months (I get per diem for being away from home)
Texas has a 4 year statute of limitations in credit card debt.
Illinois had a 5 year statue of limitations on credit card debt.
Which state applies to me?
When does the statute start? From the date of last payment or from the time the credit company put me in default?
Submitted: 1 year ago.
Category: Legal
Expert:  John Legal replied 1 year ago.
Welcome! Thank you for your question.

In what state did you sign up for this card?
Customer: replied 1 year ago.
Texas
Expert:  John Legal replied 1 year ago.
Texas would have subject matter jurisdiction over this contract. The statute of limitations would start to run from the last payment that you made. Under Texas law the statute of limitations would have run in June of 2013.

While the CC company cannot sue you for the debt if the statute of limitations has run, they still can continue to contact you to try and get you to pay the debt. You can demand that they discontinue calls and only contact you in writing to reduce the harassment.

Please beware, if you do make any sort of payment at all on this debt you will restart the 4 year statute of limitations.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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Thank you,

John

Customer: replied 1 year ago.
The cc company is saying that a payment was made in 2012 on the debt. It WAS NOT MADE BY ME nor does it show on my credit report that any such payment was made. Would they have to prove that I made this payment in order to keep their statute from running out?
Expert:  John Legal replied 1 year ago.
If they sue you then you would have to respond with a motion to dismiss based on the running of the statute of limitations. They would have to prove that the statute of limitations did not run by proving that you paid on the contract within 4 years from the date of the suit.
John Legal, Attorney
Category: Legal
Satisfied Customers: 4631
Experience: Over 15 years legal experience.
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