Re: SOL on Payday Loans in TX[ Edited ]
11-24-2012 11:41 PM - edited 11-24-2012 11:43 PM
Back in Feb 2007, when I was desperate, I took out a t payday loan w/Cashnet USA. They are calling me now, today, to tell me they are filing charges with the courts in the county I live in. Is this legal?
Umm.. You owe some people money, of course they have the rights to sue you in civil court. If they threatened you with legal action, then it can be considered as violation to FDCPA. But if they called you just to give you a heads up, no violation there.
While you are past SOL in Texas, you still need to show up in court, then you can use expired SOL as your defense.
Of course this assumes,
* You did not travel outside of US for very long (each time you travel your SOL is put on a halt)
* You did not commit any sorts of fraud to get the loan in the first place.
Citi Forward (12/2010) | Citi TY Preferred (05/2011) | BofA Travel Rewards (07/2011) | Chase Freedom (11/2011)
GECRB/PayPal (05/2012) | Discover it (07/2012) | US Bank Cash Reward (08/2012) | AMEX BCE (09/2012)
Target (10/2012) | Chase Ink Classic (11/2012) | BofA Balance Rewards (04/2013)