Re: SOL on Payday Loans in TX[ Edited ]
11-12-2012 11:20 AM - edited 11-12-2012 11:23 AM
Expiration of any statute of limitations on debt requires a showing before the court of the relevant date, under their state law, when the SOL period began, along with a showing of your evidence from account records of that action having occured on that date. Often the DOFD on the OC account.
The plaintiff can counter by contesting either the proofs provided, or by asserting that the state statute provides for a later date or reset of that date. Simply stated, expiration of SOL must be asserted and proven in court. Thus, they do not know if you will even raise that defense, and if so, if your interpretation is accurate. The judge determines expiration of SOL.
There are, admittedly, situations where actual expiration of SOL is evident and clearly known to have expired prior to court. In such cases, debt collectors have been found by the court to be in violation of the FDCPA for even bringing legal action on a knowingly SOL-expired debt. But that does not appear to be your situation, as the key is their full knowledge that SOL has expired at the time of bringing legal action.
If you assert and prove expiration of SOL, the judge will award summary judgment to you without further considering the case on its merits.
It is imperitive that you show in court, along with your proofs.