Valued Contributor
Posts: 2,669
Registered: ‎04-25-2011
Re: Debt collection SOL

scarrollprint wrote:

If your currently in Texas and Texas' SOL is 4 years, then it might already be out of SOL.


When filing a suit, you always file in the last known jurisdiction of the defendant. IF they know your in texas (they have been sending you bill to your Texas residence) then they would have to file suit in Texas.


However they could also file suit based on the jursidiction of your last known residence - which is a different state.


By saying "I don't want to poke the sleeping bear" you actually might be keeping making things worse in this scenario because they could try to serve you at your last known residence (and in some states just trying to serve someone at their last known residence even if they don't live there is enough to be proper) and then get an automatic judgement against you.


If you send a PFD and put your current texas address and mention that it is beyond SOL for texas you'll have a much better shot. Also this notifies them of your new address and thus they can't just TRY to file suit in Alabama (and if they do it would be very easy to have it overturned due to improper servicing).




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