A TX Bank got a judgment (non-secured) in 1983, Now they are dunning me. Is it collectable?I know the statute of limitations is 10 years, renewable. Does that mean they can renew indefinately? Or just once? Is there a way to find out if they did renew? | |
Douglas is pretty much right on with his post. If you cannot afford an attorney you can do the leg work yourself. The judgment should have been renewed in the same county as the original judgment. Start there. Take a little time and go to the courthouse with your old judgment information and talk to a clerk and see if they can find any new judgments or renewals. if not, just to double check on the laws in Texas ask the clerk if they can still pursue you for a 14-15 year old judgment. I am guessing NO, but honestly Texas has some strange laws on the books and most are not consumer friendly, so it is worth checking. it should not cost you anything but your time to check this out. or if you can afford a few hundred dollars and attorney will be more than happy to send a $10 an hour runner to do it for you. That's not a joke either.
You have the right to request proof of debt and the right for them to prove they have complied with all required extensions to collect on a debt outside of the first renewal. My advise to you is to contact an attorney so that specific Texas law can be consulted. If they are not in compliance your attorney can submit a CEASE AND DESIST ORDER before the adjudicating authority.
A creditor may petition the court indefinitely as long as the court approves the renewal. Once the renewal is denied then the creditor must either Cease to collect and write off the debt or appeal to the next court above the presiding court of juridiction. In other words if it was filed at county level and the county denies the renewal they may appeal to the state. If the state denies the renewal then they have a limited time to appeal to the state court of appeals for the right to appeal to the state supreme court...Hope that clears it up for you.
