Expert: Chris Ebert - 9/28/2010

Question
Hello-

I had to break a lease at an apartment complex in Texas in 2004 and moved to Missouri. I had given them notice that I was leaving and moved in October 2004. I received a letter from the coporate headquarters a month or two later for the back rent, which I was unable to pay.

To date, I have not been sued and haven't received any other written correspondence. And for at least 3-4 years didn't receive any correspondence, verbal or written. Now, almost 6 years later, I am receiving collection calls.

Is there a statute of limitation on how long they have to contact me if they have not filed in court? Or if they can still file after a certain number of years?

I appreciate your time and help!

Answer
Stacy,

They have 4 years from the date of last payment to sue you. It sounds like that has long passed for you.

They can report for 7 years on your credit report from the date of moveout.

They can call you for the rest of your life. If you do not want them calling then send via certified mail a cease and desist letter. I have an example here: http://www.henleycreditlaw.com/pdf/letterC.pdf They should stop calling after this.

Chris Ebert
http://www.henleycreditlaw.com