Re: SOL on Payday Loans in TX
11-25-2012 09:17 AM
Two thoughts here:
Early payday loans had you write a postdated check. TX has strong bad check laws (criminal not civil) but if they never presented the check that doesn't work, and many states, I think including TX have made it clear that a postdated check for a payday loan is not covered by the criminal "bad check" laws. If you truly owe something the payday lender (or JDB holder of the loan) is just like any other, they must file a suit, serve you with a summons, and you can respond. If the default was in 2007 chances are you can use SOL as an affirmative defense since generally the SOL is 4 years in TX.
This sounds like a scam attempted against me. People call from a variety of numbers (Caller ID) using very Anglo-Saxon sounding names in a thick Indian accent. They claim to be associated with a named law firm and insist they will file papers immediately. When I ask for a bar license number or to speak to an attorney licensed to practice in my state they are confounded. I actually took the trouble to look up the law firm they claimed to be part of, called the main switchboard, and found this is a true scam. The callers use tiny telecom resellers to "land" phone calls from India to show as US Caller ID. I have no unpaid payday loans but don't assume they are even calling about your specific loan.
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