Finance Q&A

is there any kind of "statute of limitations" on debt collection in Texas, that lays down a limit on how long one has to collect a debt?

Edwards Finance > Debt Recovery

Q. In Saturday's mail I got a notice from what looks like a collection agency, saying that I owe $65 on an electric bill from 1994. This the first I've heard of it, even though I've been with the same electric company since 1990 or so. I'm rather non-plussed about this--it seems like a shakedown. In an ideal world, I suppose I'd have the last 7-10 years of check stubs neatly indexed and organized. But I don't, and I sorta doubt that most people do. I'm not sure that my credit union even keeps check records that far back. So I'm not sure how I can check up on this supposed "debt". >From their notice (and my reading of the FDCPA), I have thirty days to contest the debt, and if I do so, they're supposed to "verify" the debt. Question: what form is this "verification" supposed to take? Seems to me just about anybody can print up a report saying "yup, you owe us the money, boy, pony up." Question: is there any kind of "statute of limitations" on debt collection in Texas, that lays down a limit on how long one has to collect a debt? FWIW, I've always taken pains to pay my bills, and to maintain a good credit record. I have no problem with paying the money if I owe it, but as I wrote earlier, this seems like a shakedown: it comes down to taking their word for it being a valid debt, and if I disagree I doubt they'd sue me for such a paltry sum, but they'll for sure stick a nasty line in my credit report. Is there anything I can do? Any advice or comments will be appreciated. And yes, come Monday morning, I'm going to start making phone calls and see what I can find out.

A. If I understand you correctly, you've been with company A and have never used electric service from company B, and now you're getting an attempt to collect a four-year-old bill from company B. If that's correct, why not take the simplest tack? Write back to the sender of the letter, explaining that you have got electric service exclusively from company A since 1990 and therefore it's not possible for you to owe company B any money from 1994. Most likely they sent their letter to someone who has a similar name to the actual debtor. If it's an honest mistake, this should be enough. If it is a shakedown, this is notice that you contest the debt. (You might want to certify the letter with return receipt requested, just in case.) I'm not a lawyer; this is not legal advice. - I've seen notices that sound like the one you're describing. These things have statments like "if you don't contest the debt within 30 days, we'll assume its valid" or some such. While it may indeed be worthwhile to let them know immediately that their "debt" is worthless, their individual "verification" or their own determination that the debit is "valid" ain't worth much. This is threatening language to worry you. The debt collector's opinion about the validity of the debt is legally worthless.

 


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