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Question
For credit card debt in Texas -- when does the statute of limitations clock start? I've heard Tex is a "last action" state, with clock starting at last time you made a payment or or put a charge on the card. Is this correct -- does it not start with the last billing DUE DATE that was missed?
Also -- since I do not own a house or land, is it likely that a card company or collection agency would bother to sue me anyway?
Mike:
The statute of limitation for breach of contract begins the date on which the last payment was made. Under the FCRA and for credit reporting purposes, the date of last payment in which the account was never brought current controls.
As for your other question, no, it is very unlikely that a creditor would sue under Texas law insofar as garnishment is impermissible.
Apex Credit Services, LLC
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Answers by Expert:
Apex Credit Services, LLC
Expertise
Our expertise encompasses the legal frameworks under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act amendments to the FCRA, and the FCRA. We are also well versed in Tennessee and West Virginia consumer law as well as Texas consumer law. DISCLAIMER: NO PART OF ANY COMMUNICATION FROM APEX CREDIT SERVICES, LLC IS TO BE CONSTRUED AS LEGAL ADVICE. APEX CREDIT SERVICES, LLC IS NOT A LAW FIRM. SHOULD YOU SEEK LEGAL ADVICE, CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION.
Experience
Our staff is comprised of CCPA experts. Apex Credit Services, LLC, which is a registered, licensed, and bonded credit services organization and certified by the Consumer Data Industry Association.
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Flagstar Bank
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Chase Bank
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