Q: TX Time-Barred Debts - Can a debt recovery service purchase a debt and file suit past limitations period?
I recently discovered that I was sued by a credit card company after a financial institution froze some of my assets. I had no knowledge of the suit and was never notified or served. The court documents show that the case was dismissed or non-suited by the plaintiff in 2017. However, a well-known debt buyer purchased the account at an unknown date and filed a suit against me in June 2024 through the justice of the peace courts. Again, I was never served and did not have knowledge that a case was pending. The JOP granted an Order Appointing Receiver granting them the authority to seize nonexempt property. I did some research, and it appears that this action may be illegal. 1. The original creditor never received a judgement. 2. The assets frozen came from a private pension and were withdrawn to make a home purchase. 3. The debt buyer also did not provide written notice that they were taking action past the limitations for time-barred debt. How should I proceed to recover my money?
A: If the lawsuit was just filed in June 2024, you should hire an attorney to investigate the pleadings and status of the new JP case. If no judgment has been entered, there may still be time to file an answer and challenge the lawsuit. If a judgment has been entered, there may still be time to file an appeal. There are short deadlines so act now.
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