Being sued in Texas for a payday loan

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Latest post 08-05-2012 12:06 PM by adjuster jack. 6 replies.
  • 08-02-2012 2:39 PM

    • Yvette350
      Consumer
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    • Joined on 08-02-2012
    • TX
    • Posts 2

    Being sued in Texas for a payday loan

    I was served yesterday regarding a suit that a past payday loan has filed against me. The payday loan was contracted 1/5/2008, and according to the contract that was attached to my serving papers, there was no payment received past 1/20/2008. This suit was filed against me in July 2012. Would not the statue of limitations have ran out? I am in Houston, TX. Also, I have to respond to the suit on the Monday 10 days after receiving the serving papers. How should I respond to the suit?

  • 08-02-2012 2:48 PM In reply to

    Re: Being sued in Texas for a payday loan

    I'd like to think you googled the topic of debt collection and statute of limitations as to Texas written contracts before coming here; not doing so doesn't make a ton of sense. 

    You say "according to the contract" no payment received past X 2008, but is that in fact the case?  If so, then they waited too long to file the civil action and I'd file a response saying that the relevant statute of limitations on breach of written contract ran out in January and that the court as such ought to dismiss.   If in fact you paid on the loan past January 2008, they may just ask the court for leave to the date mentioned in their complaint ... which the court may grant.

     

  • 08-02-2012 2:48 PM In reply to

    Re: Being sued in Texas for a payday loan

    Yvette350:
    This suit was filed against me in July 2012. Would not the statue of limitations have ran out?

    It appears that it did indeed run out.  The SOL in Texas on consumer debt including loans is 4 years.  If the default date is 1/2008 then they waited 6 months too long to pursue it.

    Yvette350:
    How should I respond to the suit?

    Check with an attorney but if it were me, I would responds with a request for summary motion for dismissal with prejudice as the SOL to pursue it has expired.  If the dates are correct it appears you have an affirmative defense in the SOL being expired.  However, filing the motion correctly is imperative.  You might be able to pay a local attorney a few hundred to draft it for you and then you go file it.

    Consult local counsel.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 08-02-2012 2:48 PM In reply to

    Re: Being sued in Texas for a payday loan

    The statute of limitations is a defense you can assert in your response but you do have to respond as required by your state's laws.  More information may be found at the TX state court website: http://www.courts.state.tx.us/

  • 08-03-2012 11:59 AM In reply to

    • km09
      Consumer
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    • Joined on 08-03-2012
    • TX
    • Posts 1

    Re: Being sued in Texas for a payday loan

    Just wondering if you found anything out yet or what you have done. I was contacted today and mine was back in November of 2005. When I told them the SOL had ran out they said no it hasn't. THank you for any help you can.

  • 08-05-2012 11:41 AM In reply to

    • Yvette350
      Consumer
    • Not Ranked
    • Joined on 08-02-2012
    • TX
    • Posts 2

    Re: Being sued in Texas for a payday loan

    I have not had much response other than what you say here. However, I have had a lawyer respond to me with this in reference to responding to the suit:

     You must answer stating "Defendant denies the debt as stated, and pleads the statue of limitations of four years as a defense.' Defendand asks the plaintiff take nothing and defendant be awarded costs and for such other releif to which the court finds defendant entitled.

    In your case, If you are in Texas, that loan is 7 years old, and I can't believe they are serious about suing you. That is way over the statues of limitations, and if they sued, I would definitely respond as such.  Good luck, and just know that this too shall pass. And now that we know better, we will do better!

     

  • 08-05-2012 12:06 PM In reply to

    Re: Being sued in Texas for a payday loan

    km09:
    I was contacted today

    How?

    Phone, letter, lawsuit?

    km09:
    mine was back in November of 2005.

    Your what?

    Default?

    Or when you took out the loan?

    km09:
    When I told them the SOL had ran out they said no it hasn't

    One thing you have to understand is that the statute of limitations only applies to the time limit for filing a lawsuit.

    The debt is forever and the creditor can theoretically hound you for the rest of your life until you pay or file bankruptcy to get rid of it.

     

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