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Collections Law/Moving from one state to another
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Question
I currently live in Texas and have credit cards that have not been paid in over 4 years. I have been advised by counsel that 4 years is the statute of limitations in Texas for credit card debt.
I have 3 questions:
1. If I move to another state, such as Colorado, will the statute of limitations of Texas or Colorado apply after the move?
2. Assuming Colorado is correct what is the statute of limitations there?
3. Does it matter whether it is a business (DBA or Inc.) or personal credit card?
Thanks in advance for your help.
There are many reasons why you should not move from Texas to Colorado or any other state if you are deeply in debt. Texas is one of the few states that has a 4 year statute of limitations. Colorado has a 6 year statute. California has a 4 year statute. On top of that, if you get sued in Texas for a debt you incurred from a Texas firm you would have to make multiple trips back and forth to defend. If you failed to make those trips they would get a default judgment and then have it domesticated into the new state and you will be a dead duck for sure.
Yes, it does make a huge difference if it is a DBA for business purposes or a personal debt but not in terms of having anything to do with statute of limitations.
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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