I’ve been getting calls from a company claiming I owe a debt. I asked them for verification, but they say they’ve already sent it and claim it’s on my credit report. Now, a “law firm” is calling, saying they plan to sue me. I live in Texas, and they mentioned the debt went into collections in 2019. I have no idea what this debt is or where it came from. Since the statute of limitations in Texas is 4 years, doesn’t that mean it’s time-barred if they try to take me to court?
You’re correct, but make sure you know the date of the last payment made on the account.
Axel said:
You’re correct, but make sure you know the date of the last payment made on the account.
I’ve never made any payments on it. I don’t even recognize the debt. They just said it went into collections in 2019.
@Max
Check your credit report for free at annualcreditreport.com. It might give you more details.
Vega said:
@Max
Check your credit report for free at annualcreditreport.com. It might give you more details.
I checked it through myFICO, and nothing about this debt shows up.
@Max
Did you do anything that might restart the statute of limitations? Do you recognize anything about this debt at all?
Sky said:
@Max
Did you do anything that might restart the statute of limitations? Do you recognize anything about this debt at all?
I’ve asked them to send verification, but they refuse to provide it. The only thing I’ve said is confirming the last four digits of my social when they asked. I’m careful not to say ‘yes’ to anything and keep my answers vague.
@Max
This sounds like a scam. A legitimate company would send proper verification if you requested it. Tell them you’ll file complaints with the FCC and FTC—and actually follow through. I had to do this recently myself.
Even if it’s past the statute of limitations, they can still file a lawsuit. It’s up to you to use that as a defense in court.
You’re right about the statute of limitations. Remember, they have to prove the debt is yours and that they legally own it. The burden of proof is on them, not you. You can represent yourself in court if it comes to that—you don’t need to spend money on a lawyer.
Don’t say anything to them beyond requesting verification of the debt.
If the debt is past the statute of limitations, they probably won’t sue. Do you know the name of the collection agency or law firm contacting you?
Ainsley said:
If the debt is past the statute of limitations, they probably won’t sue. Do you know the name of the collection agency or law firm contacting you?
The caller ID says Rapid Recovery.
You should contact an FDCPA attorney. Consultations are usually free. If this debt is fake, you might be able to sue under the FDCPA or FCRA. Also, check if the collection company is bonded to operate in Texas. If this goes to court, file an affirmative response stating the debt is time-barred and ask for a motion to dismiss. Don’t admit the debt is yours—call it ‘alleged debt.’ Texas is a single-party consent state, so you can record your phone calls with them if needed.