How Long Are Court Judgments Enforceable For?
Judgments are enforceable for at least 10 years if you have an abstract of judgment in Texas, and they must be renewed every 10 years. They expire when they aren’t renewed; and if they are renewed, they will go on for another 10 years. This is the order allowing a creditor to claim any non-exempt property in Texas. That’s tougher than it sounds because a lot of people don’t have any non-exempt property. Sometimes a judgment can be an order from the court, but it’s just a piece of paper if the other party has no money that they can take from.
What Are The Statute Of Limitations For Debt-Related Cases In Texas?
The statute of limitations for debt on Texas residents is four years. This applies to any oral agreements, written contacts, promissory notes, even credit card agreements. In Texas the statute of limitations clock starts on the day the last payment on the account was made. This is referred to as the date of last activity. An important thing about that date is that a credit collection agency might inaccurately report the date of last activity, and that could get them a default judgment to try and get you to pay the debt when the debt really should be barred by the statute of limitations.
It’s important to look at your credit report and your bank statements to determine when you last made any payments. That’s another thing that the creditor likes to do. Sometimes they like to talk to you and get you to make another payment and sometimes even bring your payment back to current status so they can start anew. They have to get you to commit to or make a payment so they can start up again and have a longer period to try and collect from you.
Is It Advisable Not To Make Any Payments When Contacted By The Creditors Or Collectors?
Sometimes, it can be the best thing, but a lot of debtors do not understand that when these creditors are calling you and trying to get you to make a payment, they have an ulterior motive behind it. They’d like to try and get some more time to try to collect and bother you. By not knowing what your rights are, you are giving up these rights, and sometimes it is better not to talk to them or make any payments.
Is It Ever Helpful To Try And Explain To The Creditor The Reasons For An Inability To Pay?
It probably is not a good idea, and there are a lot of reasons. People feel bad about not paying their debts, and they think that by explaining it to the creditors, they are going to get points with them when really, the other attorney or other collector will take advantage of your lack of knowledge and use it against you. Remember, when you have a lawsuit, you have to meet discovery deadlines; that means answering any questions that they ask you, and they could try and get you to say things that are not good for you to get a judgment against you.
They can often pretend to help you when really they are trying to get you to put your own nail in the coffin and give them the information they need to have a judgment against you. So you have to be a little skeptical because sometimes they don’t have a case and they’d like to complete it with your help. There is just too much potential for damaging your case, so you don’t have to put yourself in a poor position to begin with.
Should Someone Try To Work Out A Payment Plan If They Have Been Sued By A Creditor?
The problem with a payment plan is that they could easily mislead you into believing that you have to pay them on their terms, which is usually not true. There are all kinds of reasons that you might have for not paying the debt and ways to protect yourself that they are certainly not going to tell you about. The problem with that is there is a huge chance of being misled or misguided, so that is why it’s usually not a good alternative.
How Can Someone Discover If They Are Legitimately Being Sued By A Creditor?
If somebody tells you that you are being sued and you get a letter with a case number, then you can certainly go to the court, look up the case number and determine if there is something actually on the file or not. That is one way to check to see if they are suing you. However, you won’t know if the debt buyer actually owns the debt, and the reality is that most of the time they can’t prove it.
The problem with debt buyer lawsuits is that they don’t really have the proof that the law requires them to show that they have purchased the debt. They typically don’t have the records and the proof, and they know it. For that reason, many of the cases can be settled for pennies on the dollar or a lot less because they know that when an attorney is involved, he knows what he’s doing. He is going to put the burden on the new creditor to show proof in court, and they simply can’t do it. That’s why you want to consider hiring a debt defense lawyer.
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