what defines the start of the clock on SOL in TX

[mclaughlinc]

I was just notified of a judgment against me for an old credit card I had. I know from the Citibank statements I had missed payments in Oct, Nov and Dec 2001 Not until June 24, 2002 I did make a payment to them although it was not a full payment and missed the due date as well. My July statement shows the payment but also still shows a past due amount. Clearly this was a token payment I made them.

So I need to understand at what point does the SOL start? I have read the cause of action as defined as any reason for your creditor can sue you. And the date your account went and stayed delinquent, or got behind missing your agreed to obligation to your credit card company. My thought is the end of 2001 when I missed payments only months later tried to make one partial payment.

This information can save me up to 15K from summary judgment against me. I'm concerned that this partial payment I made in June 2002 may hurt my SOL defense. As the papers with the court were files on May 30,2006 and the court date was help on July 24, 2006.

Please help I need to understand what is the correct away to understand in legal terms the date the SOL started. I really hoping we can show the cause of action is in late 2001, or at least that fact I will still delinquent from late 2001 though 2002.

Thanks for your help cuz I really need it!

[Trish]

I'm sorry it's taken so long for you to get a response..
Hopefully this is not too late.

SOL starts on the DOFD (date of first delinquency)..
The DOFD is the FIRST 30 day late or past due month that preceded your charge off. The ONLY way a payment would re-age your acct or change the SOL is if either your payment brought you completely current OR you entered into a new agreement/contract with the creditor.

In a few states, that payment can restart the SOL.... I am not sure if Texas is one of those states or not.
Don't take my word for this..
Here is a link to some Tx laws.. you will need to research on SOL for open ended accts
http://www.law.cornell.edu/states/texas.html#codes

HTH

[mclaughlinc]

Thanks for taking the time to respond. I made the worse mistake anyone could make which is not addressing this before. For anyone reading this thread down the line don't run and hide from these things. Talk to an attorney as I could have saved myself $7000 and a judgment against me. I have the proof that would have established the SOL have expired. However nothing can be done now but pay it at this point.