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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I am in TX and am being sued for a debt. I understand the

Customer Question

I am in TX and am being sued for a debt. I understand the statute of limitations in 4 years from last payment but what if the last payment was returned for insufficient funds. Is that still the last payment or would last payment be the last successful payment. The returned payment was NOT by check but was either online or over phone
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: tx
JA: Has anything been filed or reported?
Customer: yes, a lawsuit
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Legal
Expert:  LegalKnowledge replied 1 month ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LegalKnowledge replied 1 month ago.

Good afternoon.The statute of limitations would start to run, from the time of the last payment. If a payment was due and owed on the 1st of the month and never paid, as a result of there being insufficient funds, the time would start to run from them. An attempt to pay does not count as a payment, since no money was ever paid and applied to the debt.

Customer: replied 1 month ago.
ok, so if no money actually exchanged from the person to the debtor, it is not a payment
Customer: replied 1 month ago.
because my second to last payment is over 4 years old from the date the suit was filed
Expert:  LegalKnowledge replied 1 month ago.

Correct. If that is what happened and you never paid them and money was never received, you would not receive credit to that account, for the month it was due.

Expert:  LegalKnowledge replied 1 month ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!