Collection agency attempting to sue for judgement

[robzeek]

Old Republic (an apparent collection agency) is attempting to sue for $17,000 through filing a judgment with our county courthouse (Harris County TX). I have been served the documents and have 20 days from Aug 22, 2008 to respond. The collection is from early 2004, a foreclosure with Countrywide Home Loans. My question is, my credit reports state that I was 180 days late in May, 2004; the last reported date was June, 2004 and they filed for judgment on August 18, 2008. I haven't made a payment since the foreclosure or from 180 days prior to May 2004. Can I use the Statute of Limitations defense in the state of Texas since it has been more than 4 years since date of last activity? Also, how can I be sure the date of last activity is accurate for the defense? Do they utilize credit reports as legal documents?

 

[Michael Wechsler]

You can try it but there is no guarantee you'll be successful. You also have to make sure you're reading the statute of limitations properly since you have to see what the "trigger" date is when the clock starts running.

Second, there is already a judgment issues. The case is over. This is a matter of collection, not a question of whether you owe the money.