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I received a message from my daughter that a law office called…

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I received a message from...
I received a message from my daughter that a law office called looking for me at her house they told her that there was a summons being issued for my arrest due to an old credit card debt. She gave me the contact information , I called and was told that they could put me on hold and call the creditor and possibly offer me a settlement and stop the summons process, I agreed. I agreed to pay the debt in two payments of $1000.oo two days apart. I gave them my debit cad information. After thinking how stupid that was after the fact I began researching online and found out there is a 4 yr statue of linitations in Texas and I pulled up my credit report and saw that the debt would be "charged off June 2010. Also the balance is only $1843.00. I'm not sure if it's too late to stop the transaction and to look into this more. I felt very intimidated by them telling me I was going to be served with a summons, I don't have the money to pay for an attorney to avoid going to jail or court but am afraid I have given out my banking information because of a threat. I was assured that the debt would be cleared and I would receive a letter stating that. I am wondering if I can cancel the transaction until I can get more information validating that these people are who they say they are and if in fact I could be summonsed to court?
I would appreciate any advise you could give me,
Thanks,
Nancy
Submitted: 8 years ago.Category: Legal
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Answered in 8 minutes by:
6/29/2010
Lawyer: Ray, Lawyer replied 8 years ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,848
Experience: 30 years in civil, probate, real estate, elder law
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Thanks for your question.I am a Texas lawyer.You are correct its four years.They could not sue you here four years from the date you incurred the debt.They cannot jail you for a civil debt.Thats total BS as well.The part here that is true is that they will never close out this debt.They will renew the debt and keep it on credit.They renew it to keep it from falling off.But thats about all they can do .You certainly always have right to cancel, you might well have to close account or get with bank to do so.


Sec. 16.004. FOUR-YEAR LIMITATIONS PERIOD. (a) A person must bring suit on the following actions not later than four years after the day the cause of action accrues:

(1) specific performance of a contract for the conveyance of real property;

(2) penalty or damages on the penal clause of a bond to convey real property;

(3) debt;

(4) fraud; or

(5) breach of fiduciary duty.

(b) A person must bring suit on the bond of an executor, administrator, or guardian not later than four years after the day of the death, resignation, removal, or discharge of the executor, administrator, or guardian.

(c) A person must bring suit against his partner for a settlement of partnership accounts, and must bring an action on an open or stated account, or on a mutual and current account concerning the trade of merchandise between merchants or their agents or factors, not later than four years after the day that the cause of action accrues. For purposes of this subsection, the cause of action accrues on the day that the dealings in which the parties were interested together cease.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 950, Sec. 1, eff. Aug. 30, 1999
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Customer reply replied 8 years ago
Should I stop payment until I get more inormation regarding the account ? I was not even given an account #. The amount I am paying is more than the highest $$ on the credit report. And if I defaulted on the planned payment could they arrest me or sue me?
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